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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SUNIL BENIWAL
Lalit Kumar Panwar S/o Shri Aidan Panwar – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. This writ petition has been filed by the petitioner with the following prayer :-
(i). by an appropriate writ, order or direction, the order dated 01.04.2025 (Annexure-5) passed by the District Collector, Jaisalmer may kindly be declared illegal and be quashed & set-aside.
(ii). by an appropriate writ, order or direction, the impugned show-cause notice dated 16.05.2025 (Annexure-6), issued by the Municipal Board, Pokran as well as entire proceedings initiated for cancellation of registered patta may kindly be declared illegal and be quashed and set-aside.
(iii). Any other appropriate writ, order or direction which this Hon’ble Court may be just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.
(iv) Costs of this writ petition may kindly be allowed to the petitioner.
2. Learned counsel for the petitioner while challenging the impugned notice dated 16.05.2025 submits that the Municipal Board, Pokran has issued the said notice in compliance of the direction issued by the District Collector by its communication dated 01.04.2025. It is stated that the District Collector has no authority under the law to have issued the impugned c
The Municipality has the authority to cancel a registered patta if fraud is demonstrated, despite its registration, under Section 73-B of the Rajasthan Municipalities Act, 2009.
The Municipal Board retains authority under Section 73-B of the Rajasthan Municipalities Act, 2009, to cancel registered pattas issued through fraud despite previous registrations.
Registered pattas can only be questioned or set aside by a Civil Court. The District Collector or any revisional authority cannot annul registered pattas in exercise of revisional powers.
Registered pattas can only be annulled by a civil court, not by administrative or executive authorities.
The Joint Collector is competent to exercise power under BSO 15(18) and deal with the issues regarding assignment of land. The power under BSO 15(18) can be exercised at any time in view of the langu....
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