1 S.B.CIVIL WRIT PETITION NO.7399/2010 LRs of Raji Ram Vs. State of Rajasthan & Ors. Date of Order :: 16th December 2010. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. H.R.Chawla, for the petitioners. Mr. Hemant Jain, for the respondent. <<>> BY THE COURT: Though placed for consideration of the application moved by the respondent No.5 for vacation of the interim order, at the request and with the consent of the learned counsel for the parties, the matter has been finally heard at this stage itself. After having heard the learned counsel for the parties and having examined the record, this Court has formed the opinion that the matter deserves to be remanded to the Additional Collector (Administration), Sriganganagar for consideration of Panchayat Revision Petition No.17/2009 afresh. Therefore, a detailed discussion on the factual aspect and contentions does not appear necessary. Suffice it shall be to refer in brief the background aspects of the matter. The dispute herein relates to a piece of land said to be situated at Chak 49 LLW. The case of the petitioner is that on 10.07.1984, their predecessor Raji Ram (husband of the 2 petitioner No.1 and father of the petitioners Nos. 2 to 5) deposited the requisite fees for participation in the auction proceedings of the plots as conducted by Gram Panchayat, Narsinghpura; and in the auction proceedings held on 04.12.1984, a plot bearing No. A/12 came to be auctioned in favour of Raji Ram for an amount of Rs.480/-. According to the petitioners, allotment of this plot to their predecessor Raji Ram was approved by Gram Panchayat, Narsinghpura on 10.12.1984 and thereafter, the Sarpanch of the said Panchayat issued a patta dated 11.01.1985 (Annex.5) in favour of Raji Ram. It appears that location of and jurisdiction over the land of Chak 49 LLW had been a matter of contention between Gram Panchayat, Narsinghpura and Gram Panchayat, Manjhuwas. According to the petitioners, prior to 25.09.1985, the record of abadi land of Chak 49 LLW was with Gram Panchayat, Narsinghpura and by the order dated 25.09.1985 (Annex.6), such record was ordered to be transferred to Gram Panchayat, Manjhuwas. It is stated that the SHO, Police Station, Ghamudwali filed a complaint under Section 145 Cr.P.C. before the Sub- Divisional Magistrate, Srikaranpur (Case No.24/2001) pointing out the dispute between the present petitioners and the contesting private respondent and some others regarding the said piece of land; and in those proceedings, the learned Sub- Divisional Magistrate found the petitioners in possession and withdrew the order of receivership on 23.07.2008 (Annex.7). 3 It is further stated that the respondent No.5 filed a civil suit (No. 53/2001) in the Court of Civil Judge (Junior Division), Padampur District Sriganganagar claiming his rights over the land in question on the basis of a patta dated 03.03.1985 issued by the Gram Panchayat, Manjhuwas that was dismissed by the learned Civil Judge (Junior Division), Padampur on 31.03.2009 (Annex.9). Thereafter, the respondent No.5 preferred the revision petition (No.17/2009) that has been decided by the learned Additional Collector (Administration), Sriganganagar by the impugned order dated 11.06.2010. The learned Additional Collector observed that under the notification dated 20.09.1988, demarcation of the area of the said two Panchayats Narsinghpura and Manjhuwas was carried out; and that Chak 49 LLW was earlier in Manjhuwas but in delimitation, has been included in the area of Gram Panchayat, Narsinghpura. The learned Additional Collector deduced that from 30.04.1984 to 20.09.1988 the land of Chak 49 LLW was within the jurisdiction of Gram Panchayat, Manjhuwas and, therefore, the allotment made by Gram Panchayat, Narsinghpura was prima facie without jurisdiction. The learned Additional Collector, however, observed that it was a matter of an old allotment and there had been legal proceedings between the parties and, therefore, it was just and proper that the matter be remanded for re-consideration. On these observations, the learned Additional Collector 4 proceeded to set aside the impugned orders dated 04.12.1984 and 10.01.1985 and remanded the matter for consideration afresh. Assailing the order aforesaid, the petitioners contend that they had been in settled possession of the land in question and the patta was granted by Gram Panchayat, Narsinghpura in favour of their predecessor Raji Ram after following due process of law. It is also submitted that the record of Chak 49 LLW was transferred from Gram Panchayat, Narsinghpura to Gram Panchayat, Manjhuwas only under the order dated 25.09.1985 and, therefore, prior to this date, Gram Panchayat, Manjhuwas could not have made any allotment. It is submitted that such significant aspect of the matter having not been considered, the order passed by the learned Additional Collector is vitiated. It is further submitted that the patta was issued in favour of Raji Ram way back in the year 1985 and the revision petition for its cancellation filed in the year 2009 ought to have been dismissed as being grossly barred by time. The contesting respondent has filed a reply stating that by the order impugned, the learned Additional Collector has only remanded the matter for decision afresh and such an order being perfectly justified and not suffering from jurisdictional error, no case for interference in the writ jurisdiction is made out. It is also submitted that the land of Chak 49 LLW was included in the jurisdiction of Gram 5 Panchayat, Manjhuwas and continued to remain so until it was included in the jurisdiction of Gram Panchayat, Narsinghpura by the order dated 20.09.1988; and, therefore, the patta had rightly been issued in favour of the answering respondent by Gram Panchayat, Manjhuwas on 03.03.1985. The answering respondent, inter alia, refers to the notification dated 30.04.1984 (Annex.R.5/2) and submits that therein, Chak 49 LLW is clearly found included in Manjhuwas. It is also submitted with reference to the information given by Panchayat Samiti, Padampur (Annex.R.5/4) that as per the notification dated 30.04.1984, Chak 49 LLW was in Gram Panchayat, Manjhuwas. It is submitted that the answering respondent has lawfully purchased the land in the auction conducted by Gram Panchayat, Manjhuwas and looking to the circumstances, when the learned Civil Court did not go into the question as to whether Gram Panchayat, Narsinghpura had the jurisdiction to issue patta in favour of Raji Ram, the matter was rightly taken up in panchayat revision before the Additional Collector who has rightly remanded the matter for re-consideration. It is also submitted that a revision petition against the order passed by the Sub-Divisional Magistrate and so also an appeal against the order passed by the Civil Court are pending. It is further submitted that the revision petition was not barred by limitation because the petitioners started claiming their interest in the land in question only in the year 2007-2008 and the answering respondent, after coming to 6 know of such facts about the alleged patta, rightly put the same to challenge. As observed hereinbefore, adjudication on the contentions on merits of the case is not being taken up by this Court in this writ petition. Suffice is to notice for the present purpose that the learned Additional Collector has merely referred to the notification dated 20.09.1988 and observed that Chak 49 LLW came to be included in Gram Panchayat, Narsinghpura by this notification and that according to the Sarpanch of Gram Panchayat, Manjhuwas also, the land of Chak 49 LLW was with Gram Panchayat, Manjhuwas from 30.04.1984 to 20.09.1988. It appears that the entire factual aspect has not appeared in requisite details before the learned Additional Collector and the meaning and effect of the order dated 25.09.1985 (filed herein as Annexure-6) and so also the notings on the notification dated 20.04.1984 (filed herein as Annex.R.5/2) have not received requisite attention of the learned Additional Collector. The question of delayed filing of the revision petition also deserves due consideration. Having regard to the overall circumstances of the case, it appears appropriate that the impugned order dated 11.06.2010 be set aside and the learned Additional Collector (Administration), Sriganganagar be directed to re-consider all the issues involved in the matter after due consideration of the entire relevant record. 7 Accordingly, this writ petition is partly allowed to the extent indicated above. The impugned order dated 11.06.2010 is set aside; and Panchayat Revision Petition No.17/2009 is restored for re-consideration of the Additional Collector (Administration), Sriganganagar. The parties present before this Court shall stand at notice to appear before the Additional Collector (Administration), Sriganganagar in the first place on 24.01.2011. The learned Additional Collector (Administration), Sriganganagar shall be expected to take decision in the matter expeditiously. There shall be no order as to costs of this writ petition. (DINESH MAHESHWARI), J. MK