This order dismisses a writ petition challenging the Additional District Collector's dismissal of an application to withdraw a revision petition. The revision petition questioned the validity of a patta issued to the petitioner's father, raising the issue of whether the father's subsequent death affects the merits of the challenge.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 5096/2021
Motilal S/o Manakmal, Aged About 55 Years, By Caste Oswal, Resident Of Ramsar, At Present Kalyanpura, Shivkar Road, Barmer (Rajasthan).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Amit Mehta (through VC) For Respondent(s) :
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
01/07/2021
This writ petition is filed by the petitioner being aggrieved with the order dated 02.03.2021 (Annex.4) passed by the Additional District Collector, Barmer in Panchayat Revision petition No. 8/2013 (Lekhram Vs. Gram Panchayat, Ramsar & Anr.) whereby, the application dated 22.2.2021 filed by the nonapplicant No.2 was dismissed.
(2 of 2)
[CW-5096/2021]
Brief facts of the case are that the respondent No.2 Lekhram has filed a revision petition challenging the validity of the Patta No.2 issued by the Gram Panchayat on 26.02.1999. The challenge to the said patta was on the ground that the said patta has not been issued as per the procedure laid down under the law. The patta in question was issued in favour of Shri Manakmal Son of Shri Laghuram and the person who has challenged the said patta i.e. the respondent No.2 – Lekhram S/o Late Shri Manakmal is his son.
During the pendency of the said revision petition, Manakmal died and his legal representatives were brought on record. The petitioner, one of the son of Manakmal, moved an application before the revisional court contending that since the person, in whose favour the patta was issued, has died and now his legal representatives are having share in the land in question for which the patta was issued, the revision petition challenging the said patta ought to be dismissed.
The revisional court while dismissing the application has held that since the question regarding validity of patta in question is raised before it, the death of the person, in favour of whom the patta has been issued, will not affect the merits of the revision petition.
Having heard learned counsel for the petitioner and after going through the impugned order, I do not find any illegality in the same. Hence, this writ petition is dismissed.
(VIJAY BISHNOI),J
36-Mohit/ pratibha/-
2 issues framed by the court
Whether the death of the patta holder affects the validity of a pending revision petition challenging the patta.
Whether the lower court correctly dismissed the writ petition challenging the revisional order.
Motilal S/o Manakmal
Additional District Collector, Barmer
Lekhram S/o Late Manakmal
Gram Panchayat Ramsar
Lrs Of Late Manakmal
Chatru Devi D/o Late Manakmal
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
