1 D.B. Civil Special Appeal (Writ) No.487/2007 Ram Vilas and others. vs. The State of Rajasthan and others. Date : 2.4.2008 HON'BLE MR. PRAKASH TATIA, J. HON'BLE MR. BHANWAROO KHAN, J. Mr.MR Singhvi, for the appellants. Mr.DS Rajvi ) for the respondents. Mr.M Bhandari ) - - - - - Heard learned counsel for the parties. The grievance of the appellants/petitioners is that in a revision petition which was filed by the petitioners/appellants to challenge the patta of the respondents no.4 and 5, the revisional authority observed against the title of the petitioners/ appellants and that observation is wholly without jurisdiction. It is also submitted that the petitioners also challenged the patta of the respondents no.4 and 5 on the ground of violation of mandatory statutory Rules and other provisions. In view of the above clear violation of the Rules, the patta granted in favour of the respondents no.4 and 5 was absolutely null and void and illegal. The grievance of the petitioners is that 2 the learned Single Judge dismissed the writ petition of the petitioners by observing that the petitioners should approach the civil court and permitted the civil court to examine the title of the petitioners. In this way in the petitioners' writ petition, the petitioners' own title which was not challenged by any of the parties, has been affected adversely. It is also submitted that even if a stranger would have challenged the patta of the respondents no.4 and 5, the revisional authority on finding that there is violation of statutory rules, could have cancelled the patta, then the petitioners cannot be put on a lower position than the stranger. Learned counsel Mr.Manoj Bhandari appearing for the respondent Panchayat supported the contention of the petitioners and pointed out that the same was the stand before the revisional authority. Learned counsel Mr.DS Rajvi appearing for the respondents no.4 and 5 vehemently submitted that there is no illegality in the order passed by the learned Single Judge and in case, the petitioners want to establish their title, they may approach the civil court. The learned Single Judge has rightly observed that the issue is required to be decided by the civil court. 3 We considered the submissions of learned counsel for the parties and perused the reasons given in the impugned judgment and the facts of the case. It is true that the initial case of the appellants/petitioners was that they are title holder of the property in dispute and their title was never questioned by anybody. However, we cannot ignore this fact that the petitioners' revision petition had one of the ground to challenge the patta of the respondents no.4 and 5 is by virtue of the title vesting in the petitioners. In view of the above reasons, if the learned Single Judge observed that it will be appropriate that the petitioners may approach the civil court, then the learned Single Judge did so in the facts of the case absolutely in accordance with law as it appears from the facts of the case that there are several disputed questions of facts apart from law points and some are pure questions of law and some may be mixed questions of law and facts, which can well be examined by the civil court. We may point out here that the learned Single Judge in order clearly observed that the civil court shall independently examine the title of the 4 petitioners and in case, the title of the petitioners is established, obviously, the grant in favour of the respondents shall be without jurisdiction. This direction of the learned Single Judge clearly means that any observation made in the order passed by the revisional authority against any of the party will not come in the way of any of the party nor it will be treated to be a favour to the party in whose favour the observations of the revisional court is there. We may again reiterate that the petitioners if approach the civil court, then the civil court shall independently examine the title of the petitioners and all objections about the legality of patta issued in favour of the respondents no.4 and 5 and that will be done without being influenced by the order passed by the revisional court. The parties will be free to raise objection about the grant of patta in violation of the Rules and the respondents who have been granted patta shall be free to establish that the patta was granted to them in accordance with the Rules. With these observations, this appeal is disposed. (BHANWAROO KHAN), J. (PRAKASH TATIA), J. S.Phophaliya