Dismissed

Dhanna v. State of Rajasthan and Ors.

Rajasthan HC1 Aug 2019CW/5260/2018

Case brief

AI extract

What is this about?

Writ petition challenging the cancellation of a Patta granted on pasture land. The court dismissed the petition, holding no Patta can be issued on pasture land per Supreme Court and High Court precedents. Directions given to Collector to cancel Pattas of similarly Situated persons if allegations prove correct.

What did the court decide?

Writ petition dismissed. Stay application disposed. Director to District Collector to proceed for cancellation of similar Pattas if allegations verified.

Dhanna Vs State of Rajasthan and Ors. — Land Acquisition | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

¶2

JODHPUR

¶3

S.B. Civil Writ Petition No. 5260/2018

¶4

Dhanna S/o Shri Sawa Jatiya, By Caste Jatiya, R/o Ambawali Tehsil Badi Sadri, District Chittorgarh.

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan Through Vikas Adhikari, Panchayat Samiti Badi Sadri, Chittorgarh.

¶8

Sarpanch, Gram Panchayat Kirtapura, Chittorgarh.

¶9

Addl. Collector Administration, District Chittorgarh.

¶10

----Respondents

¶11

For Petitioner(s) : Mr. IR Choudhary For Respondent(s) :

¶12

JUSTICE DINESH MEHTA

¶13

Judgment

¶14

01/08/2019

¶15

The present writ petition is directed against the order dated 31.1.2018, passed by the learned Addl. Collector (Admn.), Chittorgarh (respondent no.3 herein), whereby the petitioner’s Patta has been cancelled in furtherance of a revision petition filed by the State Government.

¶16

Brief facts of the present case are that the petitioner was granted a Patta dated 31.8.1990 by Gram Panchayat , Kirtapura, Panchayat Samiti Badi Sadari, District Chittorgarh.

¶17

The said Patta came to be challenged by the respondent no.1 by way of filing revision petition under Section 97 of the Rajasthan Panchayati Raj Act.

¶18

The revision petition so filed by the State has been allowed by the revisional authority, vide its order dated 31.1.2018 and the

¶19

(2 of 3)

¶20

[CW-5260/2018]

¶21

Patta issued to the petitioner has been set aside, inter alia, holdng that the land on which, the petitioner has been granted Patta is “Pasture land” and the Gram Panchayat has no authority to grant Patta on such land.

¶22

Challenging the order dated 31.1.2018, Mr. Choudhary, learned counsel for the petitioner contended that it was not only the petitioner, who had been granted Patta on such land, there were many other persons namely, Kamal Das Vaishnav, Kanhaiya Das, Kishan Singh Rajput, Bheru Lal Rawat, Kishore Das Vaishnav, Laluram Gayari and Babulal Rawal etc., who have also been granted Pattas, whereas the respondent State has only picked the petitioner for cancellation of Patta.

¶23

Mr. Choudhary, learned counsel for the petitioner challenging the order impugned, argued that the revision in question came to be filed after 26 years of the allotment of the Patta and thus sufferred from delay and laches. According to learned counsel, the revisional powers needs to be exercised in reasonable time.

¶24

In considered opinion of this Court in the light of the judgment of the Hon'ble Supreme Court in the case of State of Harayan Vs. Jagpal Singh reported in AIR 2011 (SC) 1123 and judgment of this Court in Gulab Kothari Vs. State of Rajasthan reported in (2017) 2 RLW 1178,no Patta can be issued on pasture land. As a matter of fact, the Division Bench of this Court in Gulab Kothari’s case (supra) has issued directions to the State to take appropriate proceedings for cancellation of Patta.

¶25

In view of the aforesaid position of law, I do not find any error in the impugned order dated 31.1.2018, passed by the respondent no.3.

¶26

The writ petition is therefore, dismissed.

¶27

(3 of 3)

¶28

[CW-5260/2018]

¶29

It is however, directed clear that if the allegations made by the petitioner before the revisional authority are found to be correct, the District Collector, Chittorgarh shall take appropriate proceedings for cancellation of Pattas granted to similarly situated persons also.

¶30

The stay application also stands disposed of accordingly.

¶31

(DINESH MEHTA),J

¶32

16-CPGoyal/-

Dhanna v. State of Rajasthan and Ors.

Case brief

What is this about?

What did the court decide?

Dhanna v. State of Rajasthan and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Arvind Purohit Vs Pankaj Purohit and Ors.

Shanker Lal Vs State of Rajasthan

Bhanwar Lal Agarwal Vs Parasmal Banjara Bhaat

Rajasthan State Road Transport Corporation, Vs Kanhaiyalal

Pushpa Kumari Vs State of Rajasthan

Vaas Large Area Multi Purpose Society (Lamps) Vs State of Rajasthan