##PAGE1##

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Writ Petition No. 6934/2026

Kanhaiya Lal S/o Shri Sagar Mal, Aged About 53 Years, Resident Of Ward No. 24, Bhadra, Tehsil Bhadra District Hanumangarh

(Rajasthan). ----Petitioner

Versus

1. State Of Rajasthan, Through The Secretary To The Govt., Department Of Local Self, Govt. Of Rajasthan,

Secretariat, Jaipur.

2. The District Collector, Hanumangarh.

3. The Executive Officer, Municipal Board, Bhadra, District Hanumangarh.

----Respondents

For Petitioner(s) : Mr. Manjeet For Respondent(s) : Mr. Deepak Sharma

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

01/04/2026

1. Learned counsel for the petitioner submitted that, after following due procedure of law, the respondent-Municipal Board, Bhadara, District Hanumangarh issued a patta dated 11.11.2021 in relation to the subject land in favour of the petitioner. It was further submitted that one Vikas Kumar, in the year 2022, filed a complaint before the competent authority of the Municipal Board, Bhadara, against the issuance of the said patta; however, no

action was taken on the said complaint.

2. It was further submitted that Mr. Vikas Kumar lodged FIR No. 508/2022 on identical facts. The police, after conducting a thorough investigation, submitted a Final Negative Report dated

(Uploaded on 01/04/2026 at 06:48:04 PM)

(Downloaded on 01/04/2026 at 08:06:27 PM)

(2 of 3) [CW-6934/2026]

09.12.2022 before the competent criminal Court. It was further submitted that no protest petition was filed by Mr. Vikas Kumar

against the said report.

3. Drawing the attention of this Court to the notice dated 23.01.2026 (Annexure-9), issued under the signatures of the Executive Officer, Nagar Palika, Bhadara, learned counsel submitted that yet another complaint was entertained against the issuance of the subject patta in favour of the petitioner on the allegation that the same had been obtained by concealing material

facts.

4. Learned counsel for the petitioner further submitted that, upon receipt of the notice dated 23.01.2026, the petitioner submitted a detailed reply dated 10.02.2026 before the office of the Executive Officer, Nagar Palika, Bhadara, disclosing all relevant facts and asserting that since the patta had been issued in his favour after due compliance with legal procedure, the same ought

not to be cancelled.

5. Learned counsel further submitted, to the utter shock and surprise of the petitioner, that the Executive Officer, Nagar Palika, Bhadara, vide order dated 04.02.2026, cancelled the patta dated 11.11.2021 on the ground that the petitioner had not submitted any reply to the notice dated 23.01.2026, and accordingly exercised powers under Section 73B of the Rajasthan

Municipalities Act, 2009 to cancel the patta.

6. Learned counsel for the petitioner submitted that the patta, lawfully issued in favour of the petitioner, has been cancelled in a cursory manner without proper consideration of the record. It was contended that even assuming, without admitting, that the

(Uploaded on 01/04/2026 at 06:48:04 PM)

(Downloaded on 01/04/2026 at 08:06:27 PM)

(3 of 3) [CW-6934/2026]

petitioner had failed to file a reply to the show cause notice dated 23.01.2026 (Annexure-9), the respondents were still required to conduct a proper inquiry. The patta dated 11.11.2021 could not have been cancelled merely on the ground of non-submission of

reply, without examining the relevant records.

7. The matter requires consideration.

8. Mr. Deepak Sharma learned counsel for respondent submitted that he has filed an application on behalf of the complainant, Vikas Kumar, seeking impleadment as a party respondent in the present matter. However, no such application is available on record. The said application shall be considered at the

appropriate stage when listed for that purpose.

9. Issue notice. Issue notice of the stay application as well, rule

is made returnable within a period of six weeks.

10. In the meanwhile, and until further orders, the effect and operation of