The surrender of a portion of the land covered by a Patta requires registration under Section 17(1) of the Registration Act, 1908, as it results in a modification of the terms of the Patta.

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 19206/2022

Goma Ram S/o Lal Chand, Aged About 73 Years, Awad Chowk,

Shergarh, District Jodhpur (Rajasthan).

----Petitioner

Versus

1.

State Of Rajasthan, Through Secretary, Department Of

Rural Development And Panchayati Raj, Government Of

Rajasthan, Jaipur.

2.

Gram Panchayat Shergarh, Through Its Sarpanch,

Panchayat Samiti Shergarh, District Jodhpur (Rajasthan).

3.

Inder Singh S/o Late Shri Pep Singh, Awad Chowk,

Shergarh, Presently Residing At Guman Singhpura, Tehsil

Luni, District Jodhpur (Rajasthan).

4.

Hem Singh S/o Late Shri Pep Singh, Awad Chowk,

Shergarh, Presently Residing At Guman Singhpura, Tehsil

Luni, District Jodhpur (Rajasthan).

5.

Ratan Singh S/o Inder Singh, Awad Chowk, Shergarh,

Presently Residing At Guman Singhpura, Tehsil Luni,

District Jodhpur (Rajasthan).

PROFORMA RESPODENTS:

6.

Late Shri Lakshmi Narayan, S/o Dharmi Narayan Through

His Legal Heirs -

6/1.

Babu Devi W/o Late Shri Lakshmi Naryan, Awad Chowk,

Shergarh, District Jodhpur (Rajasthan).

6/2.

Pawan Kumar S/o Late Shri Lakshmi Naryan, Awad

Chowk, Shergarh, District Jodhpur (Rajasthan).

6/3.

Shiv Kumar S/o Late Shri Lakshmi Naryan, Awad Chowk,

Shergarh, District Jodhpur (Rajasthan).

6/4.

Priyanka D/o Late Shri Lakshmi Naryan, Through Her

Natural Guardian Smt. Babu Devi, R/o Awad Chowk,

Shergarh, District Jodhpur (Rajasthan).

----Respondents

For Petitioner(s)

:

Mr. Moti Singh.

For Respondent(s)

:

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

05/01/2023

(2 of 4)

[CW-19206/2022]

This writ petition has been filed by the petitioner aggrieved

against the order dated 28/11/2022 passed by the Addl. District

Collector (I), Jodhpur, whereby, the revision petition filed by the

petitioner and proforma respondent no. 6 under Section 97 of the

Rajasthan Panchayati Raj Act, 1994 ('the Act, 1994') has been

rejected.

The revision petition was filed seeking to question the

validity of Patta dated 21/10/1973 issued in favour of father of

respondent nos. 3 to 5. It was inter alia claimed in the revision

petition that father of respondent nos. 3 to 5, Pep Singh, had

surrendered land ad measuring 20'x100' from the Patta ad

measuring 70'x100' issued in his favour, which land in question

was being used as a way. However, despite surrender, the children

of Pep Singh had put stone slabs and were seeking to obstruct the

use of way. Though, the land was surrendered by Pep Singh, the

effect of the same was not given in the Patta and, therefore,

revision petition was being filed.

Initially, the revision petition was allowed on 23/6/2015,

however, on writ petition filed by respondent nos. 3 to 5, the order

was set aside and the matter was remanded back.

The revision petition was contested by respondent nos. 3 to

5. Submissions were made that Patta ad measuring 70'x100' was

issued, which land is in their possession. The revision petition was

filed after 41 years and that the document sought to be relied on

claiming surrender of part of the Patta was not a registered

document, rather the document is not even in possession of the

Panchayat and, therefore, the document is void ab initio and

cannot be made basis for questioning the Patta.

(3 of 4)

[CW-19206/2022]

After hearing the parties, the Addl. District Collector by his

impugned order came to the following conclusion:

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U;k;ky; esa izLrqr fd;k x;k gSA 100 :i;s ls vf/kd dh

vpy lEifr ds fy, i