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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
SUNIL BENIWAL
Ramgopal Tawari S/o Shri Mangilal Tiwari – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. This writ petition has been filed by the petitioner with the following prayer :-
A. by an appropriate writ, order or direction, the order dated 01.04.2025 (Annexure-4) passed by the District Collector, Jaisalmer and entire proceedings initiated for cancellation of registered patta may kindly be declared illegal and be quashed and set-aside.
B. Any other appropriate writ, order or direction which this Hon’ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.
C. Writ petition filed by the petitioner may kindly be allowed with costs.
2. Learned counsel for the petitioner submits that the respondent – Municipal Board, Pokran issued a public notice in a local newspaper, wherefrom the petitioner came to know that patta issued in his favour on 15.10.2024 was proposed to be cancelled. Anticipating further action, the petitioner has filed the present writ petition, whereby the action of the Municipal Board, Pokran so also the communication issued by the District Collector dated 01.04.2025 have been challenged.
2.1 Further, learned counsel for the petitioner states that the patta in question was issued after follo
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.
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.
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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