The court directed the maintenance of status quo over disputed land during the pendency of reconsideration proceedings following a remand order, to prevent the creation of third-party interests.

Order

1. Learned counsel for the petitioners submitted that the respondent–Municipal Council, Barmer, in the year 2012 issued Patta No. 5695 ad-measuring 283.43 square yards, situated at Khasra No. 1706/1, Sindhari Road, Barmer City, in favour of Smt. Dhapu Devi W/o Shri Satyaprakash. It was further submitted that after a lapse of more than 12 years, the Municipal Council, Barmer, on the basis of certain complaints, vide order dated 21.06.2024, cancelled Patta No. 5695 dated 31.12.2012 issued in favour of the petitioners.

2. It is the case of the petitioners that against the order dated 21.06.2024, they preferred a revision petition under Section 327 of the Rajasthan Municipalities Act, 2009 before respondent No.1 – Director-cum-Special Secretary, Directorate, Local Self Government Department, Jaipur. Respondent No.1, vide order dated 17.12.2025, after hearing the parties, remanded the matter back to the Municipal Council, Barmer, with a direction to reconsider the issue relating to cancellation of Patta No. 5695 dated 31.12.2012 issued in favour of Smt. Dhapu Devi W/o Shri Satyaprakash and to pass a reasoned and speaking order. However, while remanding the matter, the revisional authority, i.e. respondent No.1, did not set aside the impugned order dated 21.06.2024 cancelling the patta.

3. The apprehension expressed by the petitioners is that since the order dated 21.06.2024 cancelling the patta has not been set aside and the matter has been remanded to the Municipal Council, Barmer, the Municipal Council, during the pendency of the reconsideration proceedings, may allot the patta to a third party or alter the nature of the land in question.

4. Having heard learned counsel for the petitioners and upon perusal of the material available on record, this Court deems it just and proper to dispose of the present writ petition with a direction to the Municipal Council, Barmer, to maintain status quo with respect to the land in dispute, namely the land situated at Khasra No. 1706/1 ad-measuring 283.43 square yards at Sindhari Road, Barmer City, until the matter is reconsidered and a speaking order is passed by the Commissioner, Municipal Council, Barmer, in conformity with the directions issued by the revisional authority, i.e. respondent No.1– Director-cum-Special Secretary, Directorate, Local Self Government Department, Jaipur, vide order dated 17.12.2025 passed in Revision Petition No. F.53/(3282)MC/DLB/24 titled “Shri Achalaram versus Commissioner, Municipal Council, Barmer & Ors.”

5. With the aforesaid directions, the instant writ petition as well as the stay application stand disposed of.