Gram Panchayat pattas cancelled for being issued below market price contrary to Rule 156 were restored: writ petition disposed of in identical terms to a prior case, quashing the cancellation order subject to the petitioner depositing the market rate of Rs.925 per sq. ft. with 6% interest within six weeks.
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[2024:RJ-JD:35916]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 2226/2002
Mohan Lal
----Petitioner
Versus
State And Ors
----Respondents
| For Petitioner(s) | : Mr. Pritam Solanki |
|---|---|
| For Respondent(s) | : Ms. Neelam Sharma,AGC |
HON'BLE MS. JUSTICE REKHA BORANA Order
30/08/2024
“1. The present writ petitions have been filed against the orders impugned dated 27.03.2002 passed by the Additional District Collector (Second), Jodhpur in Revision Petition Nos.28/2002, 09/2002, 32/2002, 42/2002, 11/2002, 35/2002 & 17/2002, 07/2002, 44/2002, 05/2002, 45/2002, 47/2002, 21/2002 respectively, preferred by the Additional Chief Executive Officer, Zila Parishad, Jodhpur whereby the pattas as issued by the Gram Panchayat in the year 1999 in favour of the petitioners, stood cancelled.
2. The learned Additional District Collector (Second), Jodhpur cancelled the pattas on the ground that they were issued in favour of the petitioners without following due process as enshrined in the Rajasthan Panchayati
(2 of 3)
[2024:RJ-JD:35916]
[CW-2226/2002]
Raj Rules, 1996 (hereinafter referred to as ‘the Rules of 1996’). The learned Additional District Collector further observed that the pattas could not have been issued at any price less than the market price as prevalent at that point of time but the Panchayat ignored Rule 156 of the Rules of 1996 which caused a monetary loss to the Gram Panchayat.
3. On 18.05.2004, while passing an interim order to maintain status quo regarding the possession of the land in dispute, learned counsel for the respondents was directed by the Court to find out the prevalent market price of the land in question as on the date of issuance of pattas. The interim order dated 18.05.2004 was made absolute on 06.03.2006 till the disposal of the writ petition. Meaning thereby, the petitioners are in possession of the respective lands in question till date.
4. On 21.08.2024 when the matters were listed for hearing, last opportunity was granted to learned counsel for the respondent State to complete her instructions regarding the prevalent market price of the lands in question as on the date of issuance of pattas.
5. Today, learned counsel appearing on behalf of respondent State placed on record a communication dated 27.08.2024 as issued by the Gram Panchayat with an averment that the market price of the plot allotted to Budhmal (petitioner in S.B. Civil Writ Petition No. 2219/2002) was Rs.3,00,000/- at the relevant point of time, that is, Rs.925/- per sq. ft.
On the query been made to counsel for the respondent State as well as the Gram Panchayat, as to whether the Gram Panchayat is ready to accept the amount equal to the market price at that point of time, both the counsels agreed to the same and on instructions, submitted that if the amount equal to the market price with interest is granted, the Gram Panchayat is ready to accept the same.
6. In view of the submissions made and in view of the fact that the pattas in question were cancelled on the ground of the same having been issued at a price less than the market price at that point of time and further, in view of the fact that the petitioners are in possession of the land in question till date, this Court is of the opinion that the equities would be balanced if the pattas as issued to the petitioners are maintained on the condition that they deposit the amount equal to the market price, with interest, with the Gram Panchayat. The Gram Panchayat also having agreed for the same, the order impugned dated 27.03.2002 under challenge
(3 of 3)
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[CW-2226/2002]
in all the writ petitions respectively, is hereby quashed and set aside subject to the petitioners depositing an amount at the rate of Rs.925 per square ft. with interest @ 6% per annum, qua the lands allotted to them vide the pattas in question.
7. The amount be deposited within a period of six weeks from today. If the amount is not deposited within the said period, the order dated 27.03.2002 shall stand revived and the pattas issued in favour of the petitioners shall stand cancelled. The Gram Panchayat shall further be at liberty to then proceed in accordance with law to take possession of the lands in question.
8. With the above observations and directions, the present writ petitions stand disposed of .
9. All pending applications, if any, stand disposed of .”
The amount be deposited within a period of six weeks from today. If the amount is not deposited within the said period, the order dated 27.03.2002 shall stand revived and the patta issued in favour of the petitioner shall stand cancelled. The Gram Panchayat shall further be at liberty to then proceed in accordance with law to take possession of the land in question.
(REKHA BORANA),J
361-KashishS/-
1 issue framed by the court
Whether cancelled Gram Panchayat pattas could be restored on payment of the market price with interest.
Colour shows how this judgement treated each authority
Shri Budhmal vs. The State of Rajasthan & Ors.Followed
S.B. Civil Writ Petition No.2219/2002 (Shri Budhmal vs. The State of Rajasthan & Ors.)
2 provisions across 1 enactments
Mohan Lal
State of Rajasthan
Ors.
Rekha Borana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
