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  • Second Patta Issue by Panchayat - Generally, Panchayats have limited authority to issue Patta (land title) and often require compliance with statutory rules and ownership verification. Courts have held that Panchayats cannot issue Patta over land belonging to other departments or where legal ownership is contested. For example, in cases where land belonged to the Forest Department or other authorities, Panchayat's competence was rejected (01700040128).
  • Judicial Intervention and Mandamus - Courts have intervened in disputes where Panchayats refused to issue Patta, directing authorities to conduct enquiries or issue Patta based on ancestral rights or possession, under Articles 226 and 14 of the Constitution (02100134661, 02100104652).
  • Disputes and Legal Challenges - Several cases involved suits for injunction or writ petitions challenging Panchayat decisions, often resulting in orders for enquiry or reversal of Panchayat refusals. Courts emphasized the importance of proper verification of ownership and adherence to statutory procedures before issuing Patta (01700038928, 01700053987, 02100125778).
  • Limitations of Panchayat Authority - Panchayats cannot issue Patta over land that is classified as government poromboke or belongs to other departments without proper authority or compliance with rules (01700040128, 02100104652).
  • Summary - The issuance of second Patta by Panchayats is subject to legal and procedural constraints. Courts have consistently held that Panchayats cannot unilaterally issue Patta over land without verifying ownership, compliance with statutory rules, or where the land belongs to other authorities. Judicial remedies, including writs and directions for enquiries, are commonly used to resolve disputes.
    References:
  • 01700038928, 01700050525, 01700040128, 02100134661, INDMAD00000524572, 02100111421, INDMAD00000360506, 02100104652, 02100125778, 01700053987

Search Results for "Second Patta can t Issue by Panchayat"

Jagdish VS State of Rajasthan

2012 0 Supreme(Raj) 1857 India - Rajasthan

R.S.CHAUHAN

10(2) Read With – S. 151 – a suit for mandatory and permanent injunction was instituted against the Gram panchayat ... an application for impleading himself as a party – the respondent no. 4 is in possession of the suit property for which the gram panchayat ... According to the second prayer, he has sought an injunction directing the Gram Panchayat to issue Patta only in his favour. ... Considering the fact that the battle is now between the plaintiff and respondent No.4, considering t....

Dalpat Singh VS Sarpanch

2015 0 Supreme(Raj) 1044 India - Rajasthan

P.K.LOHRA

injunction issued against respondent 2 for non construction over it- The Trial court also dismissed the petition against the Gram Panchayat ... and shall not be claimed aaccording to adverse possession theory- The earlier decision was held to be in accordance with justice- Second ... As regards claim of the appellant for issuance of Patta, it is specifically averred in the return by the Gram Panchayat that a decision has been taken for not granting Patta to the appellant and further Gram Panch....

Ramesh VS Additional Collector

2013 0 Supreme(Raj) 1432 India - Rajasthan

AJAY RASTOGI

belonged to the forest department and the Gram Panchayat was not competent to issue the Patta. ... Issues: Ownership of the land, Competence of Gram Panchayat to issue Patta, Compliance with Rajasthan Panchayati General Rules ... Patta over Khasra No.199 was set aside by the Additional Collector, Second, Jaipur, based on the respondent's claim that the land ... Main thrust of the counsel for petitioner is that there was nothing on....

Palanikumar VS Assistant Engineer (Water Resource Department), Irrigation Section, Public Works Department, Kanyakumari

2019 0 Supreme(Mad) 2344 India - Madras

M.DURAISWAMY, T.RAVINDRAN

Fact of the Case: The petitioner filed a writ petition seeking to quash an eviction notice and direct the issuance of patta ... Issues: The main issue was whether the eviction notice was issued in accordance with the principles of natural justice and ... respondent to issue patta to the petitioner in respect of his dwelling house measuring about 0.02.0 Ares (550 Sq Feet), Re-Survey No.3/1, Therakalputhur Panchayat, Agastheeswaram Taluk, Kanyakumari District.) ... The petitioner has filed the above wri....

R.Lakshmi vs The Secretary to Government, Revenue and Disaster Management Department

2025 Supreme(Online)(Mad) 61765 India - IN THE HIGH COURT OF JUDICATURE AT MADRAS

G.K. ILANTHIRAIYAN, J

ORDER This writ petition has been filed challenging the order passed by the first respondent dated 12.01.2018, thereby rejecting the request made by the petitioners for issuance of patta

Jayaraman VS R.  Krishnan

2014 0 Supreme(Mad) 2082 India - Madras

T.RAJA

The court dismissed the second appeal, confirming the concurrent findings of both the Courts below. ... Finding of the Court: The court found that the possession of the second defendant in respect of the eastern portion ... Final Decision: The second appeal was dismissed, and the concurrent findings of both the Courts below were confirmed. ... the case of the appellant/second defendant that the Naidumangalam Panchayat Board had given the house tax receipts to Door No.3/54 belonging to the appellant/....

T.Thiraviyam vs The District Collector, Office of the Collector, Madurai District.

2025 Supreme(Online)(Mad) 33425 India - IN THE HIGH COURT OF JUDICATURE AT MADRAS

P.B.Balaji, J

The court directed an enquiry to be conducted by the second respondent within 12 weeks, upholding the petitioners' right to seek ... patta to the petitioners, who claim ancestral rights over the land (Paras 2-3). ... mandamus under Article 226 of the Constitution of India to cancel the wrong classification of lands as Government Poromboke and to issue ... The petitioners have, thereafter, approached this Court, directing the second respondent to take action on their representation for cancelling the wrong classification ....

J. R.  Sivagnanam VS District Collector, Office of Collector, Tiruvallur District

2013 0 Supreme(Mad) 821 India - Madras

S.MANIKUMAR

PATTA PASS BOOK ACT, 1983 - Sections 3, 11, 12 and 14 & Rules 22(1) - Question whether civil court has jurisdiction to decide issue ... regarding grant of patta - Held, when there is a failure on the part of authority, to exercise a statutory duty under the Act, the ... of material on record, arrives at a conclusion that there was no dispute regarding the ownership or title to property, for which patta ... In the abovesaid circumstances, the suit has been filed, on the file of the learned District Munsif, Tiruvottriyur, ....

M.  Panchavarnam VS District Collector, Sivagangai

2017 0 Supreme(Mad) 2990 India - Madras

M.VENUGOPAL, ABDUL QUDDHOSE

They made representations before the first and second Respondents from 2010 onwards, requesting to regularize their occupation and to issue patta for the land in their possession. ... 4. ... At this stage, the Learned Counsel for the Petitioner submits that the Respondents 1 and 2 had considered the request as recommended by Mahibalanpatti Panchayat Council's Resolution and regularized their possession and started to issue patta to all others, except the petitioner and his brother, bec....

Budhmal VS Additional District Collector, Jalore

2017 0 Supreme(Raj) 2260 India - Rajasthan

SANGEET LODHA

– Learned counsel appearing for the petitioner contended that the patta has been issued by the Gram Panchayat in favor of the petitioner ... Rajasthan Panchayati Raj Act, 1994 – Section 97 – Constitution of India – Article 226 –Issue on Property ... considered opinion of this Court, the order impugned passed by the revisional authority setting aside the decision of the Gram Panchayat ... The legality of the patta issued was questioned by the second respondent herein b....

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