A writ petition challenging a show cause notice for cancellation of a land patta. The court directed the Commissioner to consider the petitioner's reply and pass a speaking order, with an interim stay if the order is adverse.
Commissioner directed to consider reply and pass speaking order; adverse order to be in abeyance for four weeks.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.19954/2013 Nemi Chand Choudhary vs. State & Ors.
DATE OF ORDER : : 14/11/2013
**HON'BLE MR. JUSTICE MOHAMMAD RAFIQ *********
Shri Brij Kishor Sharma for the petitioner
This writ petition has been filed against the show cause notice dated 31.10.2013 by which the petitioner has been called to show cause as to why the patta issued in his favour with regard to land in dispute may not be cancelled. In the show cause notice, it is alleged that the petitioner has obtained that patta on the basis of forged agreement to sale, which is the result of collusion.
It is contended that in fact the petitioner made a complaint against respondent no.4-Smt. Saroj and instead of taking action against her, the Commissioner, Nagar Parishad, Sikar for malafide reasons had issued the show cause notice to him. Petitioner has purchased the disputed land by registered sale deed dated 27.2.2013 and there is no forgery or collusion.
If the petitioner files reply to the show cause notice and points out illegality in the order, there is no reason why the respondent-Commissioner, Nagar Parishad, Sikar would not
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consider their reply. The Commissioner, Nagar Parishad, Sikar shall therefore consider the reply to show cause of the petitioner and pass appropriate order by detailed speaking order giving reasons. If the order is adverse to the petitioner, the same shall remain in abeyance for a period of four weeks, within which period, the petitioner would be entitled to approach the Director, Local Bodies by filing the appeal and seek interim order.
The writ petition is disposed of accordingly.
(Mohammad Rafiq),J.
RS/68
All corrections made in the judgement/order have been incorporated in the judgement/order being emailed. (Ravi Sharma,P.A.)
2 issues framed by the court
Whether the writ petition challenging the show cause notice for cancellation of land patta based on allegations of forgery is maintainable.
Whether the Commissioner, Nagar Parishad, Sikar is directed to consider the petitioner's reply and pass a detailed speaking order.
Nemi Chand Choudhary
State & Ors.
Mohammad Rafiq
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
