1 D.B. Civil Special Appeal (Writ) No.1042/2007 Ghewarchand & Ors. vs. Addl. Collector, Pali & Ors. Date : 8.12.2007 HON'BLE MR. PRAKASH TATIA, J. HON'BLE MR. BHANWAROO KHAN, J. Mr.KC Samdaria, for the petitioner/appellant. - - - - - Heard. The appellant/petitioner is aggrieved against the order of the learned Single Judge dated 8.5.2007 by which the learned Single Judge observed that the patta in question has been challenged after 30 years by preferring revision before the Additional Collector. The learned Single Judge also observed that there is no documentary evidence on record and disputed questions of facts are involved. However, the learned Single Judge also observed that if the petitioner is aggrieved, then he can avail the remedy in civil court in accordance with law. Learned counsel for the appellant submitted that the land in question for which patta was granted to the respondent included land of lane and that has been held so in civil litigation when the respondent filed suit 2 against the petitioner/appellant and the Civil Court clearly held that in fact, the respondent has encroached upon the land of lane. According to learned counsel for the petitioner, no patta could have been granted to the respondent of land of lane and the patta is void so far as it relates to lane. Firstly, the challenge is after 30 years and secondly, if the civil court has already adjudicated the issue, then also, there was no reason for the petitioner to prefer revision after 30 years to challenge the patta. Further, the learned Single Judge also observed that if still the petitioner is aggrieved by the patta issued by the Gram Panchayat, then the remedy lies in civil court where it can be adjudicated. All these factual aspects cannot be adjudicated in writ jurisdiction or in this appeal. In view of the above, this special appeal, having no merit, is hereby dismissed. (BHANWAROO KHAN), J. (PRAKASH TATIA), J. S.Phophaliya