Advocates:
['SHREYANSH MARDIA', '', 'BALJINDER SINGH SANDHU', 'SHAAMBHAVI B MARDIA', 'MANISH PATEL', '', 'RAJEEV PUROHIT']

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 7319/2018

Shri Mandar Jain Sangh, Mandar, Through Its Trustee-

Bhanwarlal Doshi, S/o Shri Ranjan Doshi, Aged 63 By Caste-

Jain, Resident Of - Mandar, Tehsil- Reodar, District Sirohi.

----Petitioner

Versus

1.

Gram Panchayat, Mandar, Through Its Sarpanch, Tehsil-

Reodar, District Sirohi.

2.

Additional District Collector, Sirohi.

----Respondents

For Petitioner(s)

:

Mr. B. S. Sandhu

Mr. Shreyansh Mardia

For Respondent(s)

:

Mr. J. L. Purohit, Sr. Advocate assisted

by Mr. Shashank Joshi

Mr. Kuldeep Singh Solanki for

Mr. Manish Patel

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

12/04/2022

The matter is listed in the orders category on an application

(Inward No.01/2022) for early listing of the matter.

For the reasons mentioned in the application, the same is

allowed.

With the consent of learned counsel for the parties, the

matter is being heard finally at this stage.

The present writ petition has been filed against the order

dated 04.05.2018 passed by Additional District Collector, Sirohi,

whereby the Revision Petition preferred by the petitioner has been

rejected.

The brief facts of the case are that the petitioner being the

Khatedar owners of the land in Khasara Nos.943 & 944 located in

(2 of 4)

[CW-7319/2018]

Gram Mandar preferred an application to Gram Panchayat, Mandar

for the construction of a building. The Gram Panchayat passed an

interim order dated 23.06.2015 refusing to grant permission for

raising construction. It was stated in the interim order dated

23.06.2015 that the petitioner may submit the documents to show

that how the land was converted from “Mafi Dharmada Po Bharayi

Panch Mahajan Khatedar” to “Panch Mahajanan Khatedar”.

The petitioner preferred a Revision Petition under Section 97

of the Rajasthan Panchayati Raj Act, 1994 before the Additional

District Collector, Sirohi. The Additional District Collector, Sirohi

vide order dated 04.05.2018 rejected the Revision Petition on the

ground that the land for which the petitioner has sought

permission to construct a community hall and other buildings is a

Public Utility Land and, therefore, the interim order granted by the

Gram Panchayat on 23.06.2015 was just and proper and the

revision petition against the interim order granted by the Gram

Panchayat was rejected by the Additional District Collector, Sirohi.

Learned counsel for the petitioner submits that as per the

revenue entries, the subject piece of land is shown to be in the

name of Panch Mahajan Khatedar and, therefore, there is no

question to dispute the title of the land at this stage. He further

submits that the Panchayat Authorities have no right as per law to

question the title of the land which is in the favour of the

petitioner. He, therefore, prays that the permission sought for

from the Gram Panchayat should be decided independently

without taking into consideration the fact of conversion of revenue

entries in the name of Panch Mahajan Khatedar.

Per contra, learned senior counsel for the respondents

submits that since the land is a Public Utility Land and, therefore,

(3 of 4)

[CW-7319/2018]

the Gram Panchayat has rightly asked for the documents by which

entries of the land were changed to the Panch Mahajan, and,

therefore, the interim order passed by the Gram Panchayat was

just, proper and correct and the order passed by the Additional

District Collector rejecting the revision petition does not warrant

any interference by this Court.

Learned senior counsel submits that the appeal against the

conversion order dated 15.09.2014 is pending before the Board of

Revenue. Learned senior counsel further submits that the writ

petition preferred by the petitioner may be dismissed and the

permission for construction should be given after the disputes

pending in the Revenue Courts attains finality.

I