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2025 Supreme(Online)(Raj) 18154
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Kuldeep Mathur, J
Fateh Mohammad – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Civil Writ Petition No. 15629/2025|S.B. Civil Writ Petition No. 13991/2025|S.B. Civil Writ Petition No. 14788/2025|S.B. Civil Writ Petition No. 10417/2025
Important Points
Subject
Property Law - Municipal Law and Land Leases
Act Referred
Rajasthan Municipalities Act, 2009: S.73-B
Rajasthan Municipality (Urban Land Disposal) Rules, 1974
Lease Government Grants Act, 1985
Headnote
(B) Property Rights - Regularization of land based on long possession - Mere non-disclosure of ownership of another plot does not constitute fraud to justify cancellation of a patta after 30 years.
(C) Construction Permission - Construction exceeding area covered by valid lease/patta - Permission based on family settlement without valid title document is invalid - Authorities empowered to revoke permission for unauthorized area.
(D)
Facts of the case:
The petitioner had obtained a perpetual lease for 99 sq. yards in 1994 based on long possession. In 2022, he obtained construction permission for 197.5 sq. yards, including adjacent ancestral land acquired via family settlement. The Municipal Board later cancelled the 1994 patta citing non-disclosure of another residential plot and misrepresentation of the total area. The petitioner challenged this by writ petition. (E)
Findings of Court:
The cancellation of the 1994 patta after 30 years, solely on the ground of non-disclosure, was improper as the petitioner’s long possession was uncontroverted. However, the construction permission for the area exceeding the 99 sq. yards lease was found invalid as family settlements do not confer title for regularization under the Act. (F)
Issues: Whether the Municipal Board could cancel a 30-year-old patta under Section 73-B, and whether construction on area exceeding the leased portion could be regularized. (G)
Ratio Decidendi: Administrative powers to revoke allotments must be exercised within a reasonable time. A 30-year-old patta cannot be cancelled for minor non-disclosures absent proven fraud. However, unauthorized construction beyond the actual leased area, not supported by valid title documents, cannot be legalized by the court. (H)
Result: Petitions partially allowed; cancellation of 1994 patta set aside, but construction beyond the 99 sq. yards declared illegal.
For the Appellants/Petitioners: Moti Singh
For the Respondents: Rajesh Panwar, Monal Chugh
| Table of Content |
|---|
| 1. summary of facts leading to patta cancellation. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 2. parties' contentions regarding the scope of administrative power and validity of land title. (Para 16 , 17 , 18 , 19 , 21 , 22 , 23 , 24) |
| 3. court ruling on limitations for administrative revocation of long-held property rights. (Para 25 , 26 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39) |
Order
By way of filing these instant writ petitions under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs:-
In S.B. Civil Writ Petition No. 15629/2025-
“It is therefore most humbly prayed that this writ petition may kindly be allowed:-
a) By an appropriate writ, order and direction be issued and the orders dated 18.07.2025 & 21.07.2025 (Annexure-28) & 30.07.2025 (Annexure-29) passed by the Executive Officer, Municipal Board, Nohar may kindly be quashed and set aside.
b) By an appropriate writ, order and direction be issued and the Respondent Municipal Board Nohar may restrain to demolish or seizure of the house in question of the petitioners, which is constructed under a valid permission and approved plan.
c) By an appropriate writ, order and direction be issued and the Municipality and the respondent may kindly be restrain to ejectment or removal of the construction of the Petitioner upon the land prescribed in lease deed of the Petitioner.
d) By an appropriate writ, order and direction be issued and the lease dated 04.04.1994 (Annexure-10) may restore in its original number and position.
e) That any other relief, which this Hon'ble Court may deem fit, by which the Petitioner may get full justice and may also be allowed.
f) Costs of this writ petition may kindly be awarded in favor of the Petitioner.”
In S.B. Civil Writ Petition No. 14788/2025-
“It is therefore most humbly prayed that this writ petition may kindly be allowed:-
a) By an appropriate writ, order and direction be issued and the order dated 21.07.2025 (Annexure-18) and 30.07.2025 (Annexure-19) issued by the Municipal Board, Nohar may kindly be quashed and set aside.
b) By an appropriate writ, order and direction be issued and the Respondent Municipal Board Nohar may restrain to demolish or seizure of the house in question of the petitioners, which is constructed under a valid permission and approved plan.
c) By an appropriate writ, order and direction be issued and the Municipality and the respondent may kindly be restrain to ejectment or removal of the construction of the Petitioners upon the land prescribed in lease deed of the Petitioners.
d) By an appropriate writ, order and direction be issued and the lease dated 04.04.1994 (Annexure-2) may restore in its original number and position.
e) That any other relief, which this Hon'ble Court may deem fit, by which the Petitioners may get full justice and may also be allowed.
f) Costs of this writ petition may kindly be awarded in favor of the Petitioners.”
In S.B. Civil Writ Petition No. 13991/2025-
“It is therefore most humbly prayed that this writ petition may kindly be allowed:-
a) By an appropriate writ, order and direction be issued and the order dated 18.07.2025 & 21.7.25 (Annexure 18) and notice dated 12.05.2025 (Annexure-17) issued by the Municipal Board, Nohar may kindly be quashed and set aside.
b) By an appropriate writ, order and direction be issued and the Respondent Municipal Board Nohar may restrain to demolish or seizure of the house in question of the petitioners, which is constructed under a valid permission and approved plan.
c) By an appropriate writ, order and direction be issued and the Municipality and the respondent may kindly be restrain to ejectment or removal of the construction of the Petitioners upon the land prescribed in lease deed of the Petitioners.
d) By an appropriate writ, order and direction be issued and the lease dated 04.04.1994 (Annexure-2) may restore in its original number and position.
e) That any
