Rajasthan High Court - Jodhpur
Lrs Of Adreem vs District Collector, Jalore on 25 May, 2021
Equivalent citations: AIR 2021 RAJASTHAN 115, AIRONLINE 2021 RAJ 498
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6591/2021
1. Lrs Of Adreem, S/o Jaggu, By Caste Mohammedan, Through-
2. Janu Khan, Aged About 65 Years, Pisraan Adreemji, By Caste Sindhi Mohammedan, R/o Khokha, Tehsil Bagoda, District Jalore.
3. Meeru Khan, Aged About 60 Years, Pisraan Adreemji, By Caste Sindhi Mohammedan, R/o Khokha, Tehsil Bagoda, District Jalore.
4. Sattar S/o Adreemji Ke Kayam Mukam, Through Lrs-
5. Shareef Khan S/o Sattar Khan, By Caste Sindhi Mohammedan, R/o Khokha, Tehsil Bagoda, District Jalore.
6. Gulam Khan S/o Sattar Khan, Aged About 40 Years, By Caste Sindhi Mohammedan, R/o Khokha, Tehsil Bagoda, District Jalore.
7. Maka Khan S/o Late Juma Khan, Aged About 60 Years, By Caste Sindhi Mohammedan, R/o Khokha, Tehsil Bagoda, District Jalore.
8. Kamal Khan S/o Late Radma Khan, Aged About 90 Years, By Caste Sindhi Mohammedan, R/o Khokha, Tehsil Bagoda, District Jalore.
----Petitioners Versus
1. District Collector, Jalore, Jalore.
2. Lrs Of Hameed Khan, S/o Adreem, Through-
3. Shumar Khan S/o Hameed Khan, By Caste Sindhi Mohammedan, R/o Khokha, Tehsil Bagoda, District Jalore.
4. Taju Khan S/o Hameed Khan, By Caste Sindhi Mohammedan, R/o Khokha, Tehsil Bagoda, District Jalore.
5. Raheem Khan S/o Hameed Khan, By Caste Sindhi Mohammedan, R/o Khokha, Tehsil Bagoda, District Jalore.
6. Safi Khan S/o Hameed Khan, By Caste Sindhi Mohammedan, R/o Khokha, Tehsil Bagoda, District Jalore.
7. Shukar Khan S/o Hameed Khan, By Caste Sindhi (Downloaded on 29/05/2021 at 08:18:17 PM) (2 of 6) [CW-6591/2021] Mohammedan, R/o Khokha, Tehsil Bagoda, District Jalore.
8. Juma S/o Jaggu Ke Kayam Mukam, Through Lrs-
9. Ahemad Khan S/o Juma Khan, By Caste Sindhi Mohammedan, R/o Khokha, Tehsil Bagoda, District Jalore.
10. Ismaile Khan S/o Juma Khan, By Caste Sindhi Mohammedan, R/o Khokha, Tehsil Bagoda, District Jalore.
11. Jusba Khan S/o Juma Khan, By Caste Sindhi Mohammedan, R/o Khokha, Tehsil Bagoda, District Jalore.
12. Tale Khan S/o Radma Ke Kayam Mukam, Through Lrs-
13. Sobhaas Khan S/o Tale Khan, By Caste Sindhi Mohammedan, R/o Khokha, Tehsil Bagoda, District Jalore.
14. Habaas Khan S/o Tale Khan, By Caste Sindhi Mohammedan, R/o Khokha, Tehsil Bagoda, District Jalore.
15. Ibrahim S/o Radma Ke Kayam Mukam, Through Lrs-
16. Isa Khan S/o Ibrahim Khan, By Caste Sindhi Mohammedan, R/o Khokha, Tehsil Bagoda, District Jalore.
17. Jusab Khan S/o Ibrahim Khan, By Caste Sindhi Mohammedan, R/o Khokha, Tehsil Bagoda, District Jalore.
18. Ali Khan Khan S/o Ibrahim Khan, By Caste Sindhi Mohammedan, R/o Khokha, Tehsil Bagoda, District Jalore.
19. Meeru Khan S/o Ibrahim Khan Ke Kayam Mukam, Through Lrs-
20. Mathar Khan S/o Meeru Khan, By Caste Sindhi Mohammedan, R/o Khokha, Tehsil Bagoda, District Jalore.
21. Alam Khan S/o Meeru Khan, By Caste Sindhi Mohammedan, R/o Khokha, Tehsil Bagoda, District Jalore.
22. Mehboob Khan S/o Meeru Khan, By Caste Sindhi Mohammedan, R/o Khokha, Tehsil Bagoda, District Jalore.
23. Ramjaan Khan S/o Meeru Khan, By Caste Sindhi Mohammedan, R/o Khokha, Tehsil Bagoda, District Jalore.
24. Abu Khan S/o Meeru Khan, By Caste Sindhi Mohammedan, R/o Khokha, Tehsil Bagoda, District Jalore.
25. Sareef Khan S/o Raheem Khan, By Caste Mohammedan, R/o Khokha, Tehsil Bagoda, District Jalore.
26. Gulam Faruk S/o Mohammad Hasan, By Caste Mohammedan, R/o Lumba Ki Dhani, Tehsil Sayala, District Jalore.
27. Gram Panchayat Jaisawas, At Present Gram Panchayat (Downloaded on 29/05/2021 at 08:18:17 PM) (3 of 6) [CW-6591/2021] Khokha, Tehsil Bagoda, District Jalore.
----Respondents For Petitioner(s) : Mr. Moti Singh through Cisco Webex App For Respondent(s) : Mr. Amit Mehta through Cisco Webex App JUSTICE DINESH MEHTA Order 25/05/2021
1. By way of present writ petition, petitioners have challenged the order dated 17.03.2021, whereby the District Collector, Jalore- revisional authoirty has vacated the ad-interim order granted by him on 23.12.2020.
2. The petitioners herein had preferred a Revision Petition No.33/2020 under Section 97(2) of Rajasthan Panchayati Raj Act, 1994 laying challenge to the Patta dated 28.01.1990, granted in favour of the respondents.
3. After hearing the submissions of the petitioners, the revisional authority namely District Collector, Jalore passed an ad- interim order on 23.12.2020 requiring the respondents to maintain status quo in relation to possession and record of the subject land.
4. On 17.03.2021 the revisional authority however, vacated the aforementioned ad-interim order.
5. Mr. Moti Singh, learned counsel submitted that the impugned order dated 17.03.2021 passed by the District Collector is illegal and in violation of principles of natural justice. He submitted that (Downloaded on 29/05/2021 at 08:18:17 PM) (4 of 6) [CW-6591/2021] no sooner were the notices served than the respondents appeared before the revisional authority and prayed for vacation of the ad- interim order dated 23.12.2020.
6. Learned counsel argued that neither any reply was filed nor was any document submitted but the revisional authority acceded to such request even without noticing the contention of the rival parties and assigning any reasons.
7. Mr. Mehta, learned counsel for the contesting respondents submitted that the order of the revisional authority is perfectly valid on merit inasmuch as the petitioners had laid challenge to a Patta granted in the year 1990 by way of a revision petition, which came to be filed after lapse of more than 30 years.
8. It was also argued by Mr. Mehta that the petitioners have no prima facie case and thus respondents' rights arising from Patta granted in their favour could not be taken away.
9. Having heard learned counsel for the parties and perused the material available on record, this Court is of the firm view that, the way and manner in which the District Collector has vacated the ad-interim order is unsustainable.
10. Indisputably, no reply or documents were filed by the respondents. The District Collector seems to have proceeded to vacate the ad-interim order simply on the basis of oral submissions made by the respondents.
11. In the opinion of this Court, the judicial authorities and quasi-judicial authorities are required to give at least brief reasons while passing interim or ad-interim injunction. And, when it comes to vacation of an interim order, the requirement of recording reasons becomes all the more necessary. (Downloaded on 29/05/2021 at 08:18:17 PM)
(5 of 6) [CW-6591/2021]
12. However in the impugned order, no reasons have been given by the learned revisional authority. If the District Collector was of the view that the ad-interim order granted by him required modification/vacation, it was incumbent upon him to record rival contentions and give reasons for vacating the ad-interim order.
13. In the present factual backdrop especially when the respondents had not even filed their response, what prevailed in the mind of District Collector for setting aside the ad-interim order granted by him, is anybody's guess.
14. Needless to observe that, the District Collector, being revisional authority-entrusted with the duty to determine civil and proprietary rights of the citizens in relation to cancellation of Patta, is required to pass orders which are in conformity with the principles of natural justice and which are in sync with the settled canons of procedural law, which includes recording of reasons.
15. The order dated 17.3.2021 impugned in the present writ petition palpably fails to withstand the aforesaid test, for which it is hereby quashed and set aside.
16. The District Collector is directed to decide the stay application within a period of one month from today. The respondents may file their written statement and documents as deemed necessary.
17. Needless to observe that this Court has not pronounced upon merits or demerits of the case of either parties.
18. Any observation made herein shall not have any bearing on the decision of the District Collector.
19. Till the stay application is decided, the ad-interim order dated 23.12.2020 passed by the District Collector shall continue (Downloaded on 29/05/2021 at 08:18:17 PM) (6 of 6) [CW-6591/2021] whereafter the order passed by the Collector on petitioners' stay application shall hold the fields.
20. The writ petition alongwith stay application is allowed.
(DINESH MEHTA),J 4-Rahul/-
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