[2025:RJ-JD:53404]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 12633/2025

1. Karna Ram S/o Fula Ram, Aged About 74 Years, R/o Rohila West, Tehsil, Sedwa, District Barmer.

2. Kehra Ram S/o Harchand Ram, Aged About 59 Years, R/o Rohila West, Tehsil, Sedwa, District Barmer.

3. Sujana Ram S/o Ramu Ram, Aged About 70 Years, R/o Rohila West, Tehsil, Sedwa, District Barmer.

4. Bhagirath Ram S/o Kalu Ram, Aged About 70 Years, R/o Rohila West, Tehsil, Sedwa, District Barmer.

----Petitioners Versus

1. Additional District Collector, Barmer.

2. Sarpanch, Gram Panchayat Rohila, Panchayat Samiti Sedwa, District Barmer.

3. Tulcha Ram S/o Badhra Ram, R/o Rohila West, Tehsil, Sedwa, District Barmer.

----Respondents For Petitioner(s) : Mr. Rajesh Choudhary For Respondent(s) : Mr. Kishan Lal Vishnoi Mr. KS Solanki for Mr. IR Choudhary, AAG HON'BLE MR. JUSTICE SANDEEP SHAH

Order

09/12/2025

1. The present writ petition has been filed by petitioners challenging the order dated 08.04.2025 passed by the Additional District Collector, Barmer in Panchayat Revision Petition No. 10/2021, whereby the interim order dated 21.08.2024 granted in favour of the petitioners has been vacated.

2. Brief facts of the case are that the petitioners are in possession of their respective residential plots situated on Abadi land in Khasra No. 242 of village Rohila, District Barmer, and pattas in respect of the said residential plots were issued in the year 2004 by the Gram Panchayat. Thereafter, the Sarpanch of Gram Panchayat, Rohila issued Patta No. 1 dated 30.07.2020 in favour of the Gram Panchayat itself over the very same residential plots belonging to the petitioners.

3. Being aggrieved by the said illegal action, the petitioners preferred Revision Petition No. 10/2021 before the Additional District Collector (Respondent No. 1) seeking cancellation of Patta No. 1 dated 30.07.2020. On 21.08.2024, the Revisional Authority passed an interim order directing both the parties to maintain status quo. The order abovementioned was subsequently vacated vide order dated 08.04.2025. Hence, this writ petition was being filed.

4. Learned counsel for the petitioners submits that the Revisional Authority, by the impugned order dated 08.04.2025, has vacated the aforesaid interim order dated 21.08.2024, though the revision petition is still pending adjudication. He further submits that without there being any application and without assigning any sufficient reason, the interim order has been vacated, while observing that the petitioners can proceed against the patta so granted by way of filing a suit before the Civil Court. He further asserts that no reasons have been specified as to how during the pendency of the revision petition, the petitioners could have approached the Civil Court. He further submits that the impugned order has been stayed by this Court vide order dated 12.07.2025 and the construction of Gram Panchayat Bhawan on the land in question has been stayed. He, therefore, prays that the impugned order dated 08.04.2025 be quashed and the interim order dated 21.08.2024 be restored.

5. Learned counsel appearing for the respondents does not oppose the prayer made by the learned counsel for the petitioners and fairly gives consent for allowing the present writ petition.

6. In view of the submissions made by learned counsel for both the parties and considering the consent given by the respondents, the impugned order dated 08.04.2025 passed by the Additional District Collector, Barmer in Panchayat Revision Petition No. 10/2021 is hereby quashed and set aside. Consequently, the interim order dated 21.08.2024 is restored. Since the revision petition has been pending since 2021, the Revisional Authority (Additional District Collector, Barmer) is directed to decide Revision Petition No. 10/2021 expeditiously, preferably within a period of two months from the date of receipt of certified copy of this order.

7. The writ petition stands disposed of accordingly. 8.