Dismissed

Gopal Ram v. State of Rajasthan and Ors.

Rajasthan HC28 Nov 2017CW/15417/2017

Case brief

AI extract

What is this about?

This writ petition challenged the Additional District Collector's rejection of a revision petition under Section 97 of the Rajasthan Panchayati Raj Act, regarding a mutation entry. The High Court dismissed the petition, holding that disputes involving partition and family settlement must be decided by civil courts, rendering the revision petition non-maintainable.

What did the court decide?

The writ petition and stay petition are dismissed as the dispute regarding partition and ownership is a civil matter pending before civil courts.

Gopal Ram Vs State of Rajasthan and Ors. — Pension and Retirement Benefits | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 15417 / 2017

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Gopal Ram S/o Late Chiman Lal, Aged About 65 Years, By Caste Jat, R/o Ward No. 1 Satipura Tehsil and District Hanumangarh.

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----Petitioner

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Versus

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State of Rajasthan to Be Served Through Secretary, Panchayati Raj Department, Government of Rajasthan, Jaipur.

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Additional District Collector, Hanumangarh.

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Gram Panchayat Satipura, Panchayat Samiti Hanumangarh, Through Its Sarpanch.

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Karshan Chand S/o Late Chiman Lal, By Caste Jat R/o Ward No. 1 Satipura Tehsil and District Hanumangarh.

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KaluRam S/o Late Chiman Lal, By Caste Jat R/o Ward No. 1 Satipura Tehsil and District Hanumangarh.

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Respondents

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Ramchandra S/o Late Chiman Lal, By Caste Jat R/o Satipura Tehsil and Dist. Hanumangarh.

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Chhoturam S/o Late Chiman Lal, By Caste Jat R/o Satipura Tehsil and District Hanumangarh.

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---- Performa Respondents

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For Petitioner(s) : Mr. N.R. Budania

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HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

28/11/2017

(2 of 3)

This writ petition has been filed on behalf of the petitioner being aggrieved with the order dated 18.9.2016 passed by the Additional District Collector, Hanumangarh in revision petition filed by the petitioner under Section 97 of the Rajasthan Panchayati Raj Act, 1994 (for short ‘the Act of 1994’).

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By way of above-mentioned revision petition, the petitioner has challenged the mutation entry in respect of plot No.98 of village Satipura, Distt. Hanumangarh entered in the panchayat record as per the resolution of the Gram Panchayat in its meeting dated 28.2.1997.

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The Addl. District Collector, Hanumangarh has rejected the revision petition on the ground that the petitioner and the private respondents are from the same family and dispute regarding the partition, family settlement and ownership of the property in question is going on between them. The Addl. Distt. Collector, Hanumangarh is therefore of the opinion that whatever the dispute raised by the petitioner is of civil nature, hence, the revision petition under Section 97 of the Act of 1994 is not maintainable.

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Having heard learned counsel for the petitioner and after going through the material available on record, this Court does not find any illegality in the impugned order as the dispute regarding the partition of the property between the brothers, ownership and the family settlement are only to be decided by the appropriate civil court in respect of which the litigation is already going on between the parties.

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Needless to say that the mutation proceedings are fiscal in

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(3 of 3)

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nature and rights of the parties cannot be decided on the basis of the mutation entries.

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Hence, no interference is called for by this Court in this writ petition.

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The writ petition is dismissed accordingly. Stay petition is also dismissed.

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(VIJAY BISHNOI)J.

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Ms rathore

Gopal Ram v. State of Rajasthan and Ors.

Case brief

What is this about?

What did the court decide?

Gopal Ram v. State of Rajasthan and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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