Allotment of Abadi land under Rule 158 of the Rajasthan Panchayati Raj Rules, 1996, is strictly reserved for specified weaker sections and landless persons; failure to establish such eligibility renders the allotment illegal.

Order

1. The present writ petition has been filed being aggrieved by the order dated 10.10.2025 passed by Additional District Collector, Bali, District Pali. Learned counsel for the petitioner further submits that as many as 10 revision petitions were decided by a common order. The present writ petition has been filed in relation to the revision petition No.388/2024. He further submits that Gram Panchayat issued patta in favour of the present petitioner on 15.11.2019 under Rule 158 of the Rajasthan Panchayati Raj Rules, 1996 (hereinafter referred to as the ‘Rules of 1996’). He submits that the entire procedure as required under rule was followed and thereafter, Gram Panchayat issued patta in favour of the petitioner.

2. He also submits that a revision petition was preferred by one Ramesh Kumar (respondent No.2) who was earlier a ward member of the Gram Panchayat and was also signatory to the panchayat proceedings. He also submits that since Ramesh Kumar himself was signatory to the proceedings, he had no locus standi to file the revision petition and challenge the patta issued in favour of the petitioner.

3. Learned counsel for the petitioner submits that petitioner belongs to backward class and does not have a residential house and, therefore, Gram Panchayat, while exercising its powers under Rule 158 of the Rules of 1996 issued the said patta. He further submits that the site was inspected and after recording its satisfaction, Gram Panchayat proceeded to issue patta and, therefore, Revisional Court has committed serious error in allowing the Revision Petition and further directing the Gram Panchayat to sell the disputed plots through open auction. It is submitted that such direction could not have been issued and as a matter of fact the case of the petitioner is required to be considered afresh.

4. Based on the above submissions, it is prayed that the impugned order dated 10.10.2025 (Annex.9), passed by the Revisional Court, be quashed and set aside.

5. Heard learned counsel for the petitioner and perused the material available on record.

6. On perusal of the documents available on record it reveals that the application was submitted by the petitioner without disclosing as to which category he belongs to. The application even does not indicate that petitioner is a landless person and does not have any other place to reside. Even, there is no date mentioned on the application. The order-sheets, which are available on record, indicate that the application submitted by the petitioner was filed sometime in the year 2013-14 and, thereafter, the site inspection was conducted. It is noted that the subsequent order-sheet does not bear any date and the last order-sheet indicates that the decision to issue patta was taken on 15.11.2019 after charging a sum of Rs.557/-. On the same date, the disputed patta has been issued.

7. It is contended by learned counsel for the petitioner that the patta has been issued under Rule 158 of the Rules of 1996. The said Rule is reproduced as under:-

“158. Allotment of lands to weaker sections.

(1) The Panchayat may allot Abadi land up to [300 sq. yards] in village Abadis at concessional rate to members of Scheduled Caste, scavengers, Scheduled Tribes, Backward Classes, village artisans, landless persons dependent on wage labour, IRDP selected families, Handicapped, Nomatic Tribes, Gadia Lohar who do not own house sites/house and also to flood victims whose