This writ petition challenged an auction notice regarding land where the petitioner claimed old possession via a patta, while revenue records showed title with the Municipal Council. The Court dismissed the petition, noting disputed facts and that record entries upheld the respondent's title.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 716/2023
Madan Lal Gaur S/o Sh. Bhanwar Lal Gaur, Aged About 53 Years, Resident Of Village Naugava, Tehsil Dungala District Chittorgarh, Rajasthan.
----Petitioner
----Respondents
| For Petitioner(s) | : Mr. Ram Niwas Choudhary |
|---|---|
| For Respondent(s) | : Mr. Rajesh Parihar |
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
17/01/2023
Heard learned counsel for the parties.
The present writ petition has been filed against the auction notice dated 28/12/2022.
Learned counsel for the petitioner submits that the petitioner's father is having an old possession of the land located in Khasra No.1756 at Gram Seti, District Chittorgarh. He further submits that the said land is recorded as Gair Mumkin Abadi on the strength of the patta issued to the father of the petitioner. Learned counsel for the petitioner submits that the petitioner is in
(2 of 3)
[CW-716/2023]
possession of this land since 1975. Learned counsel for the petitioner further submits that since patta has been issued in the name of his father and the petitioner is still holding the possession of that land, the respondents may be restrained from undertaking the proceedings of auction of the subject piece of land. He, therefore, prays that the writ petition may be allowed and the auction notice dated 28/12/2022 may be quashed and set aside.
Per contra, learned counsel for the respondents has submitted that the land in question was in possession of the respondent Municipal Council, Chittorgarh since 1993 and the land is also recorded in the name of Municipal Council in the revenue record. The revenue entries have not been challenged by the petitioner till date. Since the respondents are holding the title and ownership of the land, therefore, they are well within their right to conduct the auction proceedings initiated by notice dated 28/12/2022. He further submits that the encroachment on the land has been removed. He, therefore, prays that the writ petition may be dismissed.
I have considered the submissions made at the Bar and I have gone through the relevant record of the case.
The petitioner was in possession of the land since 1975 on the strength of a patta issued by the respondents but the same is not fortified from the revenue record as the entries having been made in the revenue record reflects the title in the name of respondent Municipal Council and the same has not been challenged by any authority till date, more particularly when the possession of the subject piece of land is with the respondent Municipal Council, therefore, it cannot be presumed that the petitioner was in possession of subject piece of land since 1975.
(3 of 3) [CW-716/2023]
This Court also takes note of the fact that the questions raised in the present petition also involve serious disputed questions of facts. Since the land in question has been recorded in the name of Municipal Council, Chittorgarh in the revenue records, this Court believes that the respondents are in rightful possession of the land for which the auction proceedings have been undertaken.
In view of the discussions made above, the writ petition lacks merit and the same is, therefore, dismissed.
(VINIT KUMAR MATHUR),J
266-SanjayS/-
1 issue framed by the court
Whether the auction notice dated 28/12/2022 regarding land recorded in the name of the Municipal Council can be quashed based on the petitioner's alleged old possession.
Madan Lal Gaur
State Of Rajasthan
The District Collector, Chittorgarh
The Commissioner, Nagar Parishad Chittorgarh
The Gram Panchayat Semaliya
Vinit Kumar Mathur
As recorded by the court registry
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