Writ petition concerning a Gram Panchayat patta cancelled by the Collector as issued dehors the Rajasthan Panchayati Raj Rules, 1996. After the respondent's death, his heirs were substituted. The Court refused to quash the impugned order despite a private compromise and disposed of the petition with liberty to parties to appear before the Gram Panchayat.
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[2024:RJ-JD:33472]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 4926/2019
Jitendra Kumar S/o Shri Chhagan Lal Khatri, Aged About 45 Years, Resident Sindhari Chaarnan, Tehsil Sindhari, District Barmer (Raj.).
----Petitioner
Versus
1/1. Vikram Kumar S/o Late Shri Bhanwar Lal Khandelwal, Resident of Sindhari, District Barmer.
1/2. Smt. Taruna Devi D/o Late Shri Bhanwar Lal Khandelwal, Wife of Shri Prakash Khandelwal, Resident of 43, Bhawna Park Society No.1, Surat. 1/3. Smt. Nirmala D/o Late Shri Bhanwar Lal Khandelwal, Wife of Shri Ratan Khandelwal, Resident of 14, Ward Ave, Hospet, Muddapura No.10, Bellary.
1/5. Smt. Indra D/o Late Shri Bhanwar Lal Khandelwal, Wife of Shri Naresh Kumar Khandelwal, Resident of Doduwa, Sirohi.
1/6. Smt. Dhruvlata D/o Late Shri Bhanwar Lal Khandelwal, Wife of Shri Pradeep Kumar Khandelwal, Resident of P-52, Brijdham Society, Godra Nahar Road, Surat.
1/7. Smt. Seema Devi D/o Late Shri Bhanwar Lal Khandelwal, Wife of Shri Vijay Kumar Khandelwal, Resident of Near Jain VC, Sunarwada, Sirohi.
1/8. Rekha Kumari D/o Late Shri Bhanwar Lal Khandelwal, Resident of Laxmi Nagar, Sindhari Chausira, Barmer
----Respondents
| For Petitioner(s) | : Mr. |
Narendra Thanvi |
|---|---|---|
| For Respondent(s) | : Mr. |
Chandraveer Singh |
(2 of 3)
[2024:RJ-JD:33472]
[CW-4926/2019]
HON'BLE MS. JUSTICE REKHA BORANA
Order
12/08/2024
In view of the submission made in the application, the same is allowed . The legal representatives of the deceased respondent No.1 are permitted to be taken on record.
[2024:RJ-JD:33472]
[CW-4926/2019]
(3 of 3)
order impugned cannot be set aside. Vide the order impugned, the Collector observed that the patta was issued dehors the law.
(REKHA BORANA),J
440-Devanshi/-
2 issues framed by the court
Should the legal representatives of the deceased respondent No.1 be substituted on record?
Can the Collector's order cancelling the patta be set aside merely because the parties entered into a compromise?
2 provisions across 2 enactments
Jitendra Kumar S/o Shri Chhagan Lal Khatri
Bhanwar Lal S/o Shri Ganesh Mal Khandelwal (deceased), through legal representatives
Gram Panchayat, Sindhari Chausira
Rekha Borana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
