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IN THE HIGH COURT OF JUDICATURE FOR

RAJASTHAN AT JODHPUR

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CIVIL WRIT (CW) No. 7449 of 2016

MADAN GIRI & ORS

VS

DHAN RAJ & ORS

Date of Order : 10.8.2016

HON'BLE MR. VIJAY BISHNOI, J.

Mr. Ashwini Kumar Babel, for the Petitioners.

ORDER

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This writ petition has been filed by the petitioners

being aggrieved with the order dated 09.05.2016

passed by the District Collector, Bhilwara (hereinafter

referred to as the ‘revisional court’) while exercising

powers under Section 97 of the Rajasthan Panchayati

Raj Act, 1994 (hereinafter referred to as the ‘Act of

1994’), whereby the revisional court has ordered that

the revenue authorities may inspect the site and should

ascertain, after making the measurement, that whether

the plot possessed by the petitioners, for which the

Gram Panchayat has issued patta in his favour, is

situated on the abadi land or on the land of a public

way. It has further directed that if it is found that the

petitioners have encroached over the land of public way

in the garb of patta issued in his favour by the Gram

Panchayat the same patta would be treated as

cancelled and the proceedings under Section 91 of the

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Rajasthan Land Revenue Act, 1956 (hereinafter

referred to as the ‘Act of 1956’) be initiated against

him.

Brief facts of the case are that the respondent

Nos.1 to 20 resident of Bhavlas, Gram Panahayat

Joravarpura, Tehsil Mandal, District Bhilwara has filed a

revision petition before the revisional court while

claiming that the Gram Panchayat Joravarpura issued a

patta in favour of one Bheru Giri on 29.07.1982 for a

land which is recorded as a public way in the revenue

record and under the garb of that patta predecessor of

Bheru Giri has encroached over the said land and

started construction and closed the public way,

therefore, the patta issued on 29.07.1982 be set aside.

The revisison petition was contested by the petitioners,

who are the predecessor of Bheru Giri, while claiming

that Bheru Giri has purchased the said plot from an

auction conducted by the Gram Panchayat and there is

no illegality in the issuance of patta dated 29.07.1982.

It is further contended that the land allotted vide patta

in question was partitioned between the heirs of Bheru

Giri and they have constructed their houses on the said

allotted land. The petitioners have also denied that they

have encroached over the land of public way. It is also

contended that the revision petition for cancellation of

patta is filed after a delay of 35 years and, therefore,

the same is barred by limitation and liable to be

dismissed on this ground alone.

The revisional court after hearing learned counsel

for the parties has observed that from the record of

Gram Panchayat, it is clear that Bheru Giri applied for

allotment of piece of abadi land and thereafter the

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Panchas of the Gram Panchayat has inspected the site

and after inviting objections from public at large the

said plot was put to auction and as the Bheru Giri was

the highest bidder the plot was auctioned in his favour.

It is also observed that the SDO, Bhilwara has

thereafter confirmed the said sale in favour of Bheru

Giri and, therefore, the contention of the revision

petitioners the Gram Panchayat has issued patta in

favour of Bheru Giri in violation of the procedure is not

tenable.

However, the learned revisional court has taken

into consideration the fact that Naib Tehsildar, Bagore

in Case No.443/2015 decided on 20.10.2015 has found

that the petitioner No.1 Madan Giri S/o Bheru Giri has

encroached over 1 Biswas of the land of public way of

Araji No.822 by raising a bada there, hence revisional

court has observed that it would be appropriate to

direct the revenue authorities to inspect the site and to

ascertain that whether the plot in question is situated

in abadi land of the Gram Panahayat or on the land

rec