This order dismissed additional writ petitions challenging the regularisation of land allotments. The court upheld impugned orders of the District Collector, finding the impugned orders of the Lower Court were just and proper and did not warrant interference by this court.
Writ petitions dismissed; impugned orders of the District Collector upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
SMT. SUKI KANWAR VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PEITTION NO.5465/15 & 18 other connected maters)
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ORDER
SMT. SUKI KANWAR VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PEITTION NO.5465/15 & 18 other connected maters)
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Dated:- 10.7.15.
HON'BLE MR.JUSTICE SANGEET LODHA
Mr. Amit Mehta, for the petitioners.
SMT. SUKI KANWAR VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PEITTION NO.5465/15 & 18 other connected maters)
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preferred by the respondents, Iraram Ram and others, assailing the validity of pattas of the disputed plots, issued by the Gram Panchayat, Bali, Panchayati Samiti, Bhinmal, District-Jalore in favour of the petitioners herein, were heard together and are being disposed of by this common order.
SMT. SUKI KANWAR VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PEITTION NO.5465/15 & 18 other connected maters)
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in the first instance, the applications were preferred by the petitioners for the purchase of the plots and the proceedings were initiated by the Gram Panchayat accordingly. It is also not disputed that there was no application filed by the petitioners for allotment of the plot under Rule 158 of the Rules of 1996, however, the pattas have been issued in favour of the petitioners free of cost under Rule 158 of the Rules of 1996.
SMT. SUKI KANWAR VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PEITTION NO.5465/15 & 18 other connected maters)
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decision whether the proposed sale should or should not be made is required to be taken in the meeting of the Gram panchayat. Further, if the panchayat provisionally decides that the sale should be made, it shall publish a notice in the form prescribed inviting objection to the proposed sale within one month from the date of the publication in the manner laid down in sub-rule (2) of Rule 148 of the Rules of 1996 and after disposal of the objections, if any, received, the panchayat may by resolution order the auction of the land proposed to be sold on the date not earlier than one month from the date of resolution at the time and place specified. As per Rule 151, the auction committee is required to be constituted. Rule 152 mandates that it shall be the duty of the auction committee to ensure that there is free and fair competition among the bidders.
SMT. SUKI KANWAR VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PEITTION NO.5465/15 & 18 other connected maters)
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of 1996, it is to be noticed that site inspection reports of three Panchas were obtained by the Gram Panchayat in respect of the plots in question, wherein it is stated that the petitioners are in possession of a house constructed on the land in question for last 50 years, without there being any such claim set out in the applications made by them for allotment of plots. Further, a perusal of the inspection reports placed on record makes it abundantly clear that the same are only printed/photo stat copies containing identical details bearing signature of the three Panchas and the Sarpanch and thus, it appears that in fact, no site inspection was made by the Panchas in individual cases.
SMT. SUKI KANWAR VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PEITTION NO.5465/15 & 18 other connected maters)
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mentioned. In this view of the matter, the petitioners could not have claimed the regularisation in terms of provisions of Rule 157 of the Rules of 1996. Moreover, admittedly, the pattas have been issued in favour of the petitioners under Rule 158 of the Rules of 1996 and not under Rule 157 of the Rules of 1996. Thus, pattas issued in favour of the petitioners were not sustainable under Rule 157 of the Rules of 1996 either.
SMT. SUKI KANWAR VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PEITTION NO.5465/15 & 18 other connected maters)
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Government may allot such lands free of charges to any such category of person who is below poverty line. Thus, for allotment of the plots of the size specified at concessional rate to the weaker section, it is condition precedent that they do not own house sites or house .
SMT. SUKI KANWAR VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PEITTION NO.5465/15 & 18 other connected maters)
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authority is just and proper and does not warrant any interference by this court in exercise of its extra ordinary jurisdiction under Article 226 of the Constitution of India.
(SANGEET LODHA),J .
Aditya/
1 issue framed by the court
Whether the District Collector performed duty under the Constitution of India when dismissing the writ petitions alleging irregular issuance of land pattas by the Gram Panchayat
SMT. SUKI KANWAR
STATE OF RAJASTHAN
SANGEET LODHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
