- 1 - IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. ::: O R D E R Sarpanch, Gram Panchayat, Shyamsar VS State of Rajasthan & Ors. S.B. CIVIL WRIT PETITION NO.199/2003 UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA. DATE OF ORDER : 17.7.2007 PRESENT HON'BLE MR. JUSTICE PRAKASH TATIA Mr.SG Ojha, the petitioner. Mr.Rakesh Arora, for the respondents. <><><> BY THE COURT: Heard learned counsel for the parties. The petitioner is aggrieved against the order of the Addl. Collector, Nagaur dated 11.12.2002 by which the learned Addl. Collector, Nagaur cancelled the Patta dated 20.1.2002 granted by the Gram Panchayat, Shyamsar, Panchayat Samiti Nagaur to Anganwadi Center, Ladiya. Brief facts of the case are that, an application was submitted by Child Development Project Officer, Nagaur - 2 - dated 1.12.2000 before petitioner - Sarpanch of the Gram Panchayat for allotment of land for construction of building for Anganwadi Center at village Shyamsar, Gorera and Ladiya. The Child Development Project Officer again submitted another letter for the same purpose on 15.1.2001 and informed that the land measuring 60'x40' may be allotted to the said Anganwadi. The copy of the letters have been placed on record as Annexs. 1 and 2 by the petitioner in the writ petition. The Gram Panchayat on 20th Nov., 2001 in its meeting after thoughtful consideration decided to allot plot measuring 60'x40' at village Ladiya in the residential area. The said resolution was passed unanimously. The petitioner has placed on record the copy of the resolution no.15 dated 20th Nov., 2001 as Annex.3. The committee of three Panchas were constituted for inspection of site. The committee inspected the site and prepared the site inspection report. Thereafter, a public notice was issued inviting objections against the allotment of the land. No objection was submitted by anybody then statements of two reputed persons were recorded and it was decided to - 3 - allot the land for which notice was published to the said Anganwadi free of cost for construction of Anganwadi Center for public purpose. The petitioner has placed on record the copies of notices issued inviting objections, the inspection report, the statement of reputed persons of the village as well as the resolution passed by the Panchayat dated 20.11.2001. The sale deed was also issued in the name of said Anganwadi on 20.1.2002. The respondent no.2 submitted revision petition after delay, but with application under Section 5 of the Limitation Act before the Addl. Collector, Nagaur for cancellation of the Patta as well as sale deed executed in favour of the said Anganwadi. The Addl. Collector vide impugned order dated 11.12.2002 set aside the Patta on the ground that application for allotment of land for Anganwadi was submitted by the Sarpanch himself and in the map prepared at the place of sign of applicant, sign is of one Kishna Ram whereas applicant was Kishore Kumar (who was Sarpanch of the Gram Panchayat at the relevant time and according to finding of Addl. Collector he himself was applicant). It is also held by the learned - 4 - Addl. Collector that the land could have been sold by the Panchayat, but in fact, that decision was taken in the meeting of the Gram Sabha on 20.1.2002, which is in violation of the rules. It is also observed that land of 500 sq. meter could have been disposed of by the Gram Panchayat with the prior permission of the Zila Parishad and in this case, permission has not been obtained from the Zila Parishad. The learned Addl. Collector also considered affidavits filed by the respondent to show that he was in possession of the land in question and on the basis of above affidavits, the learned Addl. Collector observed that both the parties are claiming their possession over the land in dispute. Ultimately,the learned Addl. Collector was of the view that matter involves civil rights, therefore, the rights can be decided only by civil court. In view of the above reasons, the learned Addl. Collector vide impugned order dated 11.12.2002 set aside the Patta granted in favour of the said Anganwadi. The Gram Panchayat has challenged the order of the Addl. Collector and placed on record the documents - 5 - referred above. Notices were issued to the respondents, but no reply has been filed by them. In view of the documentary evidence available on record, it is clear that, in fact, application was submitted for allotment of land by the Child Development Project Officer and first of said application was of 1st Dec., 2000 (Annex.1) and second was the application Annex.2 dated 15.1.2001. The petitioner has placed on record the minutes by which the matter was considered by the Gram Panchayat, Shyamsar. In the order sheet dated 20th Nov., 2001 it is mentioned that the application for allotment of land for Anganwadi was submitted by the Sarpanch, Gram Panchayat. It appears that the said fact must not have been properly mentioned in the order-sheet dated 20th Nov., 2001 and it appears that since the Project Officer, Child Development Officer, Nagaur addressed the applications to the Sarpanch, therefore, they must have reached to the Sarpanch and in the meeting Sarpanch has placed on record the said applications. From the applications, it is clear that the applications were not sent by the Sarpanch - 6 - but were received by the Sarpanch. The matter was not considered by the Gram Sabha, but the Gram Panchayat is clear from the copy of the order-sheets placed on record by the petitioner as Annex.4. Therefore, the learned Addl. Collector proceeded absolutely contrary to the record and wrongly held that application for allotment of land for Anganwadi was submitted by the Sarpanch himself and further committed an error of law in holding that the decision taken by the Gram Sabha to allot the land to Anganwadi whereas, in fact, the decision was taken by the Gram Panchayat itself. It appears that learned Addl. Collector was under impression that land in question is more than 500 sq. Yards whereas the allotted land to Anganwadi is 266.66 sq. Yards only. So far as claim of objector-respondents over the land in dispute on the basis of old possession is concerned, the petitioner has placed on record the Government orders by which the Government decided to construct building for Anganwadi on the land in question. The petitioner also placed on record the Photographs of the building in question (Annex.18). - 7 - In view of the above reasons, it appears that the possession of the land was given to Anganwadi and Anganwadi has already raised construction of the building in the year 2002. These facts have not been controverted by the respondent-objector then it appears that because of the title conveyed to the Anganwadi, Anganwadi raised the construction and is in possession of the land. In view of the above reasons, it is clear that the learned Addl. Collector committed error of law by mis- reading the documentary evidence and mis-interpreting the order-sheet dated 20th Nov., 2001 and further committed error of law in holding that there is a dispute of title,which can be decided by the civil court only. Hence, the writ petition of the petitioner is allowed. The order of Addl. Collector, Nagaur dated 11.12.2002 is set aside. (PRAKASH TATIA), J. c.p.goyal/-