[2026:RJ-JD:10752]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2460/2023 Mahipal S/o Shri Bhanwarlal, Aged About 50 Years, R/o Village Daylana Kallan, Tehsil Desuri, District Pali.

----Petitioner Versus

1. State of Rajasthan, Through The Collector, Pali.

2. Vikas Adhikari, Panchayat Samiti Desuri, District Pali.

3. The Sarpanch, Gram Panchayat Daylana Kallan, Tehsil Desuri, District Pali.

4. Jogaram S/o Shri Nenaji, R/o Daylana Kallan, Tehsil Desuri, District Pali.

5. Punaram S/o Shri Amraram Ji, R/o Daylana Kallan, Tehsil Desuri, District Pali.

----Respondents For Petitioner(s) : Mr. Naresh Singh For Respondent(s) : Mr, Kuldeep Singh Solanki on behalf of Mr. I.R. Choudhary, AAG Mr. Ramdev Rajpurohit Mr. Kunal Bishnoi.

HON'BLE MR. JUSTICE KULDEEP MATHUR

O RDER

Reserved on:- 25/02/2026 Pronounced on:- 07 /0 3 /2026

1. The present writ petition under Article 226 of the Constitution of India has been preferred by the petitioner challenging the order dated 29.11.2022 passed by the Collector, Pali whereby the revision petition preferred by the respondent Nos.4 and 5 was allowed and the Patta No. 2079 dated 20.04.2018, issued in his favour in respect of an abadi plot situated within the jurisdiction of Gram Panchayat Daylana Kallan, was cancelled.

2. Facts as disclosed in the writ petition are that the petitioner was in old possession of an abadi plot situated within the jurisdiction of Gram Panchayat Daylana Kallan. In recognition of such possession, a residential patta was issued in his favour on 20.04.2018. The petitioner deposited a sum of Rs. 54,556/- towards the cost of the patta and a receipt dated 20.01.2018 was issued in that regard. Subsequent to the issuance of the patta, the petitioner raised construction over the said plot and is residing therein. It is also stated that the premises has an electricity connection. Photographs of the constructed house have been placed on record.

3. The controversy arose when respondent Nos. 4 and 5 filed a revision petition in the year 2022 under Section 97 of the Rajasthan Panchayati Raj Act, 1994 before the Collector, Pali, seeking cancellation of the patta issued in favour of the petitioner. Upon receipt of notice in the revision proceedings, the petitioner submitted his written submissions before the Collector. The Collector, Pali, vide order dated 29.11.2022, allowed the revision petition and cancelled the patta granted to the petitioner. The said order is under challenge in the present writ petition.

4. The record of case further shows that a factual report dated 25.05.2020 was submitted by the Gram Vikas Adhikari, Gram Panchayat Daylana Kallan, to the Vikas Adhikari pursuant to a communication from the Office of the Collector, Pali. As per the said report, the land was described as abadi land and it was stated that pattas had been issued in accordance with the rules.

5. Learned counsel for the petitioner vehemently submitted that the order dated 29.11.2022 passed by the Collector, Pali is illegal, arbitrary and has been passed without proper consideration of the material available on record. It is submitted that a bare perusal of the impugned order would show that the cancellation of the patta has been ordered merely on account of certain procedural or clerical irregularities at the level of the Gram Panchayat office, even if any such irregularity existed in processing the file, the same cannot be attributed to the petitioner nor can he be made to suffer for the same. It is contended that the factual report dated 25.05.2020 as well as the inquiry report dated 21.07.2020 clearly indicate that the petitioner was in old possession of the abadi land in question and that the patta was issued in accordance with the applicable rules.

6. Learned counsel further submitted that the patta was issued taking into consideration the petitioner’s long-standing possession over the abadi plot. The existence of construction over the plot and an electricity connection are stated t