[2025:RJ-JD:52490]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 6939/2014

Peka Ram S/o Samrthaji, R/o Barlut, Tehsil & District Sirohi.

----Petitioner

Versus

1. Additional District Collector, Sirohi.

2. Vikas Adhikari, Panchayat Samiti, Sirohi.

3. Sarpanch, Gram Panchayat, Barlut.

----Respondents

For Petitioner(s) : Mr. Kamlesh Kumar Rawal

For Respondent(s) : Mr. Nilesh Choudhary for

Mr. Kuldeep Vaishnav

HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

04/12/2025

1. This present petition has been filed by the petitioner with a challenge to order dated 30.04.2014 passed by the Court of Additional District Collector, Sirohi in Revision Petition filed under Section 19 of the Rajasthan Panchayati Raj Act, 1994 titled as Block Development Officer, Panchayat Samiti, Sirohi Vs. Sarpanch

Gram Panchayat, Barlut & Anr.

2. By the order dated 30.04.2014, the Court below allowed the revision filed by the Block Development Officer and cancelled the Patta issued by the Gram Panchayat in favour of the present petitioner of a residential Plot No.8 Misal No.4/2011-12 dated

05.05.2011.

3. Learned counsel for the petitioner submits that the petitioner is a poor person of Scheduled Caste Category and there are 20

members in his family. He further submits that on an application submitted by the petitioner for allotment of a Patta for residential plot, the Gram Panchayat vide resolution dated 05.05.2011 proceeded to consider the applications of the applicants including the petitioner for allotment of the residential Patta.

4. The Gram Panchayat as required under the provisions of law, constituted the committee of the ward members for making an enquiry as regards the entitlement of the applicants for allotment and so also the present status of the land for which the allotment has been sought by the applicants.

5. The committee submitted the enquiry report along with the recommendations for entitlement of the petitioner applicant for allotment of the residential plot. The Gram Panchayat vide resolution dated 25.07.2011 (Annexure-3) has also made a recommendation for allotment of the plot.

6. He further submits that the plot was allotted on 25.07.2011. However, because of some dispute of the Sarpanch of concerned Gram Panchayat with the Block Development Officer of the Panchayat Samiti the Block Development Officer filed a revision petition before the Court of Additional District Collector, Sirohi under Section 97 of the Rajasthan Panchayati Raj Act, 1994 and the learned Additional District Collector without taking into consideration the fact that the Patta has been allotted to the petitioner after following due process given under law, by the Gram Panchayat having the competency to make allotment of the Abadi land, cancelled the Patta vide the impugned order. He submits that the order of the Court below is wholly illegal and perverse.

7. Learned counsel appearing for the respondents submits that the order passed by the learned Additional District Collector is just and proper in the facts and circumstances of the case for the reason that the allotment has been made in violation of Rule 158 of the Rajasthan Panchayati Raj Rules 1996 as no amount was charged from the allottees, whereas, the allottee being a Scheduled Caste Category member can only be allotted residential plot on a concessional rate and not free. He also submits that there is no site inspection report on record which is required under the provisions of the Rules of 1996. He also submits that since the petitioner was already having a residential house, he was not entitled for allotment of land on concessional rate. Learned State counsel further submits that the plot in question was also put to auction and the petitioner has not placed on record the facts regarding whether the plot in question was auctioned to any other person and who is in possession at present.

8. Considered the submissions made at bar and also perused the material made available on record.

9. As per the facts on recor