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[CW-21/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 21/2021

Devi Singh S/o Shri Gulab Singh, Aged About 76 Years, Resident

Of Village Chandsenpura, Bhilwara.

----Petitioner

Versus

1.

State Of Rajasthan, Through The Principal Secretary,

Rural Development And Panchayati Raj Department,

Rajasthan, Jaipur.

2.

Jila Parishad, Bhilwara, Through Chief Executive Officer.

3.

Panchayat Samiti, Jahajpur, District Bhilwara Through Its

Development Officer.

4.

Gram Panchayat, Uncha, Panchayat Samiti, Jahajpur,

District Bhilwara Through Gram Sevak And Officiating

Secretary, Gram Panchayat Uncha.

5.

Gram Panchayat Kuchalwara, Tehsil Jahajpur, District

Bhilwara Through Gram Sevak And Officiating Secretary,

Gram Panchayat Kuchalwara.

----Respondents

For Petitioner(s)

:

Mr. B.S. Charan, through VC

JUSTICE DINESH MEHTA

Order

02/02/2022

1.

The petitioner has approached this Court with grievance that

after due process, patta had been issued to him by the then Gram

Panchayat, Uncha, whereafter a new Gram Panchayat in the name

of Kuchalwara came to be formed and due to mutual dispute

between the two Sarpanchs/Gram Panchayats, the petitioner is

not being granted construction permission.

2.

Learned counsel for the petitioner invites Court’s attention

towards the factual report dated 10.04.2018 sent by the

Development Officer, Panchayat Samiti Jahajpur to the Chief

Executive Officer, Zila Parishad, Bhilwara.

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3.

Having regard to the facts of the present case and

considering that the dispute seems to be between two Gram

Panchayats, petitioner is directed to submit a representation

before the Chief Executive Officer, Bhilwara, within a period of two

weeks along with certified copy of the order instant and requisite

documentary evidence.

4.

On receipt of the representation, the Chief Executive Officer,

Bhilwara is directed to examine petitioner’s representation and

pass appropriate order to the concerned authority to permit the

petitioner to grant construction permission and use the land on

the basis of patta, in accordance with law.

5.

Needful be done within a period of twelve weeks of receiving

the representation.

6.

It is made clear that aforesaid direction to decide the

representation has been issued only with a view to ensure

expeditious redressal of petitioner’s grievance. The same may not

be construed to be an order to decide the representation in a

particular manner.

7.

Petitioner may also send a copy of the representation to the

Secretary – Panchayati Raj Department, along with the copy of

the order instant, who shall intervene in the matter to resolve the

dispute between two Gram Panchayats.

8.

Writ petition so also stay petition stand disposed of

accordingly.

(DINESH MEHTA),J

3-Amar/-