Vardi Chand vs State Of Rajasthan And Ors

Learned counsel for the parties agree that the matter is squarely covered by the judgment rendered by this Court in S.B. Civil Writ Petition No.5102/2019 (Kalulal Vs. State of Rajasthan & Ors.) decided on 24.05.2019. The order dated 24.05.2019 reads as under :-

"Learned counsel for the petitioner points out that out of the common impugned order (Annexure-8), one of the respondents had already preferred a writ petition before this Hon'ble Court bearing S.B. Civil Writ Petition No.6516/2011 Kailashi Devi Vs. State of Rajasthan & Ors. decided on 15.11.2016, wherein the following order was passed:

"The prayer in the present petition is for setting aside the order dated 30.05.2011 (Annex.6) passed by the learned Additional District Collector, Chittorgarh in Panchayat Revision Petition No.08/2010 vide which the revision petition was allowed and the Patta issued in favour of the petitioner was cancelled.

The facts in brief are that the Gram Panchayat, Pirana issued a Patta for the plot situated at village Devali, Panchayat Samiti Dungala, district Chittorgarh in favour of the petitioner on 14.10.1999 in pursuance to the proceedings held in the Panchayat Meeting dated 14.10.1999. A copy of the Patta and the Panchayat proceedings are duly placed on record as Annexures 1 & 2 respectively. Thereafter, the petitioner submitted an application on 05.05.2009 to the Gram Panchayat for raising construction. The Gram Panchayat invited objections and a notice of one month's period was given for submitting the objections, if any. No one filed any objection. Accordingly, the petitioner was given permission to raise the construction which is evident from the proceedings of the Panchayat dated 05.05.2009 to 05.07.2009 placed on record as Annexure 3.

The plot of the petitioner is situated in Khasra No.281. The copy of the mutation shows that the said khasra is an Aabadi Land. However, suddenly after a lapse of 11 years, a revision petition was filed under Section 97 of the Panchayati Raj Act, 1994 for cancellation of the said Patta before the Additional District Collector, Chittorgarh. The said revision petition was allowed vide judgment and order dated 30.05.2011 passed by the Additional District Collector, Chittorgarh and the Patta issued in favour of the petitioner was cancelled on the ground that at the time, when the Patta was allotted to the petitioner in the year 1999, the same was a Charagah and the Gram Panchayat had no right to issue the Patta for residential purposes.

Heard.

The land was allotted to the petitioner in pursuance to Rule 158 of the Rajasthan Panchayati Raj Rules, 1996, which reads as under :

Rule 158 . Allotment of lands to weaker sections :

The Panchayat may allot Abadi land up to 300 sq. yards in village Abadis at concessional rate to members of Scheduled Caste, scavengers, Scheduled Tribes, Backward Classes, village artisans, landless persons dependent on wage labour, [RDP selected families, Handicapped, Nomatic Tribes, Gadia Lohar who do not own house sites/house and also to flood victims whose house have been washed away or the house sites have been rendered unfit for future habitation due to floods and patta of such land may be issued in Form XXIII-C."

It is not disputed that the petitioner belongs to the weaker section of the Society and was entitled to the allotment. It is evident that the said Patta was allotted after following due procedure of law. The petitioner was permitted to raise the construction on the said plot only after the objections were invited in pursuance to the notice inviting objections. The copy of the mutation showing entry in the name of the petitioner shows that the land was an Aabadi land.

Even if it is assumed that on the date of the allotment, it was not Aabadi land, the fact remains that the District Collector had converted the said land of Khasra No.281 in the Abadi Land vide his order dated 01.08.2001. This fact is not disputed. However, the Additional District Collector, Chittorgarh chose to cancel the Patta on the basis of a complaint filed almost after 11 years of the allotment.

In view of the above, the present writ petition is allowed and the order dated 30.05.2011 passed by the Additional District Collector, Chittorgarh is set aside being totally unsustainable."

Learned counsel for the respondents admit that Kailashi Devi was also one of the respondents in one of the matters pertaining to the same impugned order, which is Annexure-8 of the present writ petition, in which, the aforementioned order has been passed.

Though, learned counsel for the respondents tried to submit that the complete legal position was not adjudicated in the earlier matter but they failed to distinguish the impugned order in the matter of the Kailashi Devi and present petitioner, and also could not furnish any details of the order passed in respect of Kailashi Devi having been challenged before the Division Bench by preferring an appeal.

In light of the aforequoted order, the present petitions are allowed in the same terms and the order dated 30.05.2011 passed by learned Additional District Collector, Chittorgarh is hereby quashed and set aside."

In light of the aforequoted judgment, the present petition is allowed in the same terms and the order dated 30.05.2011 passed by learned Additional District Collector, Chittorgarh is hereby quashed and set aside.