The court emphasized the necessity of a fair hearing and evidence before denying entitlement to Pattas, quashing the Additional Collector's direction against the petitioners.

Order

23/01/2024

Heard learned counsel for the parties.

The present writ petition has been filed against the order dated 13.04.2012 passed by the Additional Collector, Bhilwara.

Briefly the facts necessary to be noted are that the petitioners assailed validity of the Pattas issued in favour of respondents No.4 & 5 by way of filing a Revision Petition under section 97 of the Rajasthan Panchayati Raj Act, 1994 before the Additional District Collector, Bhilwara. After hearing the parties, learned Additional District Collector, Bhilwara decided the revision petition filed by the petitioners vide its order dated 13.04.2012 whereby the Pattas issued in favour of the respondents No.4 & 5 were set aside and at the same time, it was also held that since the petitioners are not bonafide residents of village Tipunadi, they are not entitled to get the Pattas of village Tipunadi issued in their favour.

Learned counsel for the petitioners submits that the petitioners filed the Revision Petition under Section 97 of the Rajasthan Panchayati Raj Act, 1994 assailing validity of the Pattas issued to respondents No.4 & 5. In the said revision petition, the petitioners have been non-suited for getting the Pattas issued in village Tipunadi by the Additional District Collector, Bhilwara. It is also contended that the directions issued in the order dated 13.04.2012 by the Additional District Collector are without any foundation as neither there was any evidence nor it was a pleaded case on behalf of any of the parties as to whether the petitioners were entitled for getting the Pattas issued in village Tipunadi or not. Learned counsel further submits that the learned Revisional Authority has exceeded its jurisdiction while deciding the revision petition. He, therefore, prays that the order dated 13.04.2012 passed by the Additional District Collector, Bhilwara to the extent of issuing impugned direction against the petitioners may be quashed and set aside.

Per contra, learned counsel for the respondents submits that challenge in the revision petition was to the extent of examination of validity of the Pattas issued to respondents No.4 & 5. In the reply filed by the Gram Panchayat before the revisional authority, it was contended that even the petitioners are also not entitled for issuance of Pattas in Village Tipunadi as they are not bonafide residents of village Tipunadi. It is also contended that a certificate to this effect was also filed before the revisional authority. He, therefore, prays that the order passed by learned revisional authority does not warrant any interference by this court.

I have considered the submissions made at the bar and gone through the relevant record of the case including the order dated 13.04.2012 passed by the Additional District Collector, Bhilwara.

Admitted facts in the present case are that the petitioners filed a Revision Petition under Section 97 of the Act, 1994 whereby the Pattas issued in favour of the respondents No.4 & 5 were challenged. The Gram Panchayat while filing the reply and record contended that the Pattas issued in favour of respondents No.4 & 5 were not in consonance with the provisions of law and at the same time, the petitioners were also not held entitled for getting the Pattas issued in their favour at village Tipunadi being non- residents of that village. The direction with respect to the petitioners’ being not eligible for getting the pattas at village Tipunadi was uncalled for, more particularly, when proper opportunity was not granted to the petitioners to show their entitlement for getting the Pattas at village Tipunadi. In the circumstances, the direction of the revisional authority to the extent that the petitioners are not eligible to get pattas in village Tipunadi is quashed and set aside.

However, it will be open for the Gram Panchayat that if any application for grant of Patta is made by the petitioners, the same will be examined independently by the Gram Panchayat in accordance with law and i