Sandeep Mehta, J. - Heard.
2. By way of this writ petition under Article 226 of the Constitution of India, the petitioner being a Gram Seva Sahakari Samiti has approached this court for seeking quashing of the order Annex.13 dated 18.09.2015, whereby the Vikas Adhikari, Panchayat Samiti, Sardarshahar cancelled the registered patta No. 10 dated 20.05.2009 issued to the petitioner for a piece of land in the village Sarsar for constructing godown of the cooperative society.
3. Learned counsel Mr. Sajjan Singh Rajpurohit submits that the construction of the godown was commenced and reached an advanced stage, whereafter, the private respondents filed a frivolous complaint Annex.5 to the SDM, Sardarshahar alleging that the construction of the Gram Seva Sahakari Samiti godown was being made on Gochar or Tanka land. It appears that the copy of the complaint was also placed before the Health Minister, Government of Rajasthan during a public hearing and he marked the complaint to the SDM, Sardarshahar, who in turn, proceeded to pass the order Annex.6 dated 02.09.2015 directing the police to stop the construction in question. Thereafter the Vikas Adhikari, Panchayat Samiti Sardarshahar purportedly constituted a committee of members and office bearers of the Panchayat Samiti for enquiring into the validity of the patta issued to the petitioner. The committee gave its report that the patta was wrongly issued and then the order Annex.13 dated 18.09.2015 came to be passed, whereby the patta of the land issued to the petitioner was cancelled. The petitioner assailed these proceedings as being malafide and having been undertaken under the undue interference of the Minister for Medical and Health, who is not concerned with the affairs of the Panchayati Raj Department.
4. Be that as it may, the specific ground raised by the petitioner in the writ petition that the cancellation of patta was undertaken by an officer not authorized to do so and that the cancellation was not preceded by any show cause notice or opportunity of hearing etc. is not disputed by the respondents in their reply. The respondents have harped upon the so-called enquiry held by the Panchayat Samiti before cancelling the patta. However, from the original record, which is available today with Mr. Manish Patel, A.G.C, it is apparent that the petitioner was never called upon to show cause in this apparently farcical enquiry initiated for examining the validity of the patta issued to the petitioner. That apart, it is a settled position of law that validity or otherwise of a registered patta can not be examined by Vikas Adhikari of the Panchayat Samiti. Such jurisdiction is only conferred upon the District Collector by virtue of Section 97 of the Panchayat Raj Act or may be exercised by a civil court in a civil suit. Furthermore, it is also not in dispute that the powers conferred upon Panchayat Samiti by Section 61 of the Panchayat Raj Act to entertain an appeal against the order of Panchayat can only be exercised if the appeal is filed within 30 days from the date of passing of the order by the Gram Panchayat and the proceedings of the appeal must be preceded by an opportunity of hearing to the persons concerned. Neither of these mandatory requirements were adhered to by the Vikas Adhikari concerned before cancelling the registered patta of the land issued in favour of the petitioner.
5. Thus, finding the resolution (Annex.16) taken by the Panchayat Samiti, Sardarshahar in its meeting dated 18.09.2015 as well as the consequential order passed by the Vikas Adhikari on 18.09.2015 (Annex.13), whereby the patta No. 10 dated 20.05.2009 issued in favour of the petitioner was cancelled to be grossly illegal, without jurisdiction, perverse and having been passed without adhering to the principles of natural justice, the same are hereby quashed and struck down. The writ petition is allowed, accordingly. The stay petition is disposed of. No order as to costs.
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