[2025:RJ-JD:52172]

1HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4936/2011 Jarina Bano W/o Habbas Khan B/c Muslim, R/o Ahore, District Jalore ----Petitioner Versus

1. State Of Rajasthan through its Secretary, Panchayati Raj Department, Govt. of Rajasthan, Jaipur (Raj.)

2. The District Collector, Jalore, (Raj.)

3. The Development Officer, Panchayat Samiti, Aahore, District Jalore (Raj.)

4. Gram Panchayat, Aahore, through its Secretary, Gram Panchayat Aahore, District Jalore (Raj.)

PROFROMA RESPONDENT

5. Bharat Kumar Ojha S/o Shri Bhanwar Lal Ojha R/o 8, Nimbadi Ki Seri, Ahore, District Jalore.

----Respondent For Petitioner(s) : Mr. Vivek Shimali For Respondent(s) : Mr. Rajdeep Singh for Mr. Amit Mehta HON'BLE MR. JUSTICE FARJAND ALI

Order

24/11/2025

1. The present writ petition has been filed by the petitioner assailing the order dated 18.01.2010 passed by the learned Revisional Authority whereby the allotment of Kiosk/Shop No. 3, earlier made in favour of the petitioner, has been cancelled.

2. The brief facts necessary for adjudication are that the Gram Panchayat, Aahore in its meeting dated 25.02.2002, resolved to allot Shop No. 3 to Bharat Kumar Ojha-respondent No. 5, who had earlier submitted an application seeking such allotment. Prior thereto, the Gram Panchayat, Aahore through its communication dated 31.10.2002, informed him of the estimated cost of the kiosk amounting to ₹18,225/-. Respondent No.5 thereafter deposited the entire amount through Receipt No.73 dated 29.11.2002 and Receipt No.147 dated 30.12.2002.

2.1. Subsequently, Bharat Kumar Ojha-respondent No.5 entered into an agreement with the petitioner, Smt. Jarina Bano, whereby he transferred his claim in respect of the kiosk for a monetary consideration of ₹25,000/- in favour of the petitioner. The Gram Panchayat, Aahore upon considering the arrangement and the fact that the entire cost stood deposited, proceeded to issue a patta in favour of the petitioner on 21.08.2004 after adopting due process of law.

2.2. Later, one Bhanwar Singh Solanki, who had no direct locus in the matter but projected himself as a whistle-blower, submitted a complaint alleging irregularities in the allotment. On this complaint, an inquiry was conducted by an Astt. Engineer and a report dated 17.11.2005 was submitted to the Development Officer, Panchayat Samiti, Aahore. Relying upon the said inquiry report, the Development Officer, Aahore filed a revision petition under Section 97 of the Rajasthan Panchayati Raj Act before the Addl. District Collector, Jalore who whereupon entertained the same after hearing the parties cancelled the patta issued in favour of the petitioner. Hence, the instant Writ Petition.

3. I have heard learned counsel for the parties and have carefully gone through the impugned order as well as the material placed on record.

5.1. Having heard learned counsel for the parties and upon assiduous perusal of the record, this Court finds glaring infirmities in the impugned order.

5.2. It is reflecting from the material available on record that the Revisional Authority has proceeded in a wholly unsustainable manner, ignoring the undisputed position that Bharat Kumar- respondent No.5 had voluntarily transferred his claim to the petitioner Jarina Bano pursuant to a lawful agreement, for which he received ₹25,000/– and has never challenged either the transfer or the subsequent allotment. The entire kiosk assessment amount of ₹18,225/– had already been deposited before the Gram Panchayat, Aahore which, after due consideration of the agreement and the material placed before it, consciously approved the arrangement and executed the patta in favour of the petitioner. No fraud, concealment, misrepresentation or mala fides have been attributed to the petitioner, whose conduct throughout appears bona fide. Moreover, the very inquiry forming the foundation of the revision was conducted behind the back of both the petitioner and respondent No.5, without affording the