Rajasthan High Court - Jaipur
Krishan Mohan Meena vs Addi District Collectror &Ors on 5 May, 2011
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.11886/2009 Krishan Mohan Meena Vs. The Additional District Collector, District Baran (Rajasthan) and others Date of Order ::: 05.05.2011 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Akhilesh Pareek for Shri Mahesh Gupta, counsel for petitioner Shri S.D. Khaspuria, Additional Government Counsel #### By the Court:-
Heard learned counsel for parties.
This writ petition has been filed by petitioner Krishan Mohan Meena, who claims to have purchased disputed plot of Nawal Kishore, against order dated 17.07.2009 passed by respondent no.1 Additional District Collector, Baran.
Additional District Collector allowed revision petition filed by respondent no.3 Hari Pratap Singh holding that patta issued to him by Gram Panchayat on 07.12.2004 was illegally cancelled on 24.08.2005 and new patta issued in favour of Nawal Kishore on 29.01.1986 was forged one. Contention of learned counsel for petitioner is that a decision was taken by Gram Sabha pursuant to which new patta was issued in favour of Nawal Kishore because earlier patta was issued incorrectly. In this connection, learned counsel invited attention of the court towards resolution of Gram Sabha dated 23.08.2005 and argued that earlier patta issued in favour of Hari Pratap Singh was not issued after following Rules 141 to 161 of the Rajasthan Panchayat Raj Rules, 1996 and therefore resolution dated 23.08.2005 was cancelled and new resolution was passed. It was unanimous decision and therefore no interference was called for. It is also argued that respondent Hari Pratap Singh has filed injunction suit and therefore also revision petition could not have been entertained.
On hearing learned counsel for parties and perusing impugned order, I find that Additional District Collector has recorded a finding of gross abuse of power by the then Sarpanch of Gram Panchayat Shri Ram Prasad Soni, who illegally cancelled patta issued in favour of Hari Pratap Singh and issued fresh patta in favour of his brother Nawal Kishore and petitioner purchased disputed land from Nawal Kishore. Additional District Collector has also recorded a finding that no notice was given to Hari Pratap Singh nor earlier record was properly examined and that new resolution cancelling earlier resolution was totally illegal.
I do not find any infirmity in impugned order and writ petition deserves to be dismissed.. Writ petition is accordingly dismissed.
(Mohammad Rafiq) J.
//Jaiman//