SBCWP No.3781/01. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.3781/2001. Kalyan Sahay Vs. State of Rajasthan & Ors. Date of Order:- December 21, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Rajesh Sharma for the petitioner. Shri S.D. Khaspuria, Additional Government Counsel. Shri D.V. Tholia for respondent No.5. ******* BY THE COURT:- This writ petition has been filed by the petitioner against the order passed by the Additional Collector (Fifth) Jaipur dated 16/12/2000 by which revision petition filed by the petitioner was dismissed and the order passed by the standing committee of the Panchayat Samiti Shahpura dated 6/8/1999 was upheld. Panchayat Samiti erred in law in setting aside the patta granted to the petitioner by the Gram Panchayat Manoharpur. Petitioner was lawfully allotted the land being landless person and member of the scheduled caste. Additional Collector erred in law in not reversing that order. Only ground on which revision petition was dismissed by the Additional Collector was that civil suit filed by respondent No.5 for declaration was pending but the suit filed by respondent No.5 was dismissed by the civil court vide order dated 16/4/2005, copy of which is on record. SBCWP No.3781/01. 2 Learned counsel for respondent No.5 opposed the writ petition but is not in a position to dispute the aforesaid facts of dismissal of the suit filed by respondent No.5 by the learned civil court. Having heard learned counsel for the parties and perused the material on record, I find that the learned Additional Collector did not appreciate the effect of the judgment because by that time civil suit was still pending. Whether or not, civil court dismissed the suit, respondent No.5 was able to show that part of the land allotted to the petitioner was from his own land, which issue has been considered by the Additional Collector in the judgment impugned. The impugned judgment of the Additional Collector (Fifth) Jaipur dated 16/12/2000 is set-aside. Matter is remanded to him for hearing the revision petition afresh and pass appropriate order in accordance with law after hearing the parties. Parties are directed to appear before the Additional Collector (Fifth) Jaipur on 22/2/2011. With the above directions, the writ petition is disposed of. (MOHAMMAD RAFIQ) J. anil