1 5 S.B. CIVIL WRIT PETITION NO.1645/2006. Shanker Lal & Anr. Vs. Sunda Ram & Ors. Date of Order :: 28th January 2009. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. C.R. Jakhar, for the petitioners. Mr. M.C. Bhoot, for the respondent No.1 Mr. H.L.Kela for the respondent No.2 ..... BY THE COURT: An application (IA No. 1032/2009) has been moved by the respondent No.1 seeking to produce certified copy of a deed of compromise as filed in Civil Suit No.88/1999 (70/1990) in the Court of Additional Civil Judge (Senior Division), Nagaur and certified copy of the decree dated 04.08.2008 as passed by the said Trial Court on the basis of such a compromise. The application is not opposed and is, therefore, allowed. The documents as filed are taken on record as Annexures-R-1/1 and R-1/2. Having regard to the circumstances of the case and looking to the subject matter, learned counsel for the parties have been heard finally. This writ petition has been filed by the petitioners seeking to question the order dated 21.12.2005 as passed by the Additional Collector, Nagaur in Panchayat Revision Petition No. 14/2005 that was filed by the present respondent No.1 Sunda Ram questioning the patta granted by the Gram Panchayat, 2 Chenar (respondent No.2) on 09.11.1963 in favour of the present petitioners. By the order aforesaid, the learned Additional Collector found the disputed patta questionable on various scores and even when challenged after about 40 years, considered it proper to set aside the patta as granted in favour of the present petitioners and proceeded to remand the matter to the Gram Panchayat concerned for passing appropriate order after hearing the parties; and also directed the Panchayat concerned to re-examine the matter regarding grant of patta in favour of the revisionist-respondent No.1 Sunda Ram too, and further directed the parties to maintain status quo. The impugned order has been questioned on various grounds in this writ petition but it has also been pointed out that the proceedings were adopted before the Additional Collector only after the petitioners filed a civil suit against the brothers of the respondent No.1 and a temporary injunction was issued in the said suit in favour of the petitioners. It is noticed from the documents as taken on record today that in the said civil suit, the parties arrived at a compromise, whereto the present petitioners were parties as plaintiffs and the respondent Gram Panchayat as defendant No.1 along with other individuals. By way of the compromise, certain alterations have been agreed to in regard to the land available for use by the petitioners under the patta in question and some part of land is to be left open for public use. 3 Looking to the nature of dispute between the parties and the compromise as arrived at in the said civil suit that has culminated into the decree of the civil Court, this Court is of opinion that the learned Additional Collector ought to re-examine the matter in the revision petition as preferred by the respondent No.1 Sunda Ram particularly with reference to the decree of the civil Court. In view of the aforesaid, the order dated 21.12.2005 is set aside; and Revision Petition No. 14/2005 shall stand restored for reconsideration. It shall be permissible for the parties to file the certified copies of the aforesaid compromise deed and the decree of the civil Court before the said Revisional Authority, who shall reconsider and decide the revision petition in accordance with law after hearing the parties. It shall also be permissible for the said Revisional Authority to remand the matter to the Panchayat concerned for reconsideration of the patta in question, if so deemed necessary. With the observations and requirements aforesaid, this writ petition stands allowed to the extent indicated above. There shall be no orders as to costs. The parties represented by their respective counsel are directed to remain present before the said Revisional Authority on 04.03.2009. 4 (DINESH MAHESHWARI), J. Mohan/