Heard Mr.Vimal M. Patel, learned advocate for the petitioner. It is submitted by him that the land bearing Survey No.29, admeasuring 7-Acre, 36-Gunthas has vested in the Gram Panchayat by order dated 27.01.1975 passed by the Additional Collector and a mutation entry to this effect has been recorded in the revenue records, on 17.04.1976. It is further submitted that since then, the land is in possession of the petitioner-Gram Panchayat. That, in between, a part of the land was sought to be allotted to the Food Corporation of India for construction of a godown, but the said allotment was cancelled, due to the strong objections lodged by the petitioner-Gram Panchayat. That the land in question was then sought to be allotted to respondents Nos.4/1 and 4/2, but the application of the said respondents was turned down by the Collector, which order was challenged by the said respondents before the Additional Secretary (Appeals), Revenue Department (Respondent No.2). It is further submitted that the matter was remanded to the Collector, who once again rejected the application of respondents Nos.4/1 and 4/2. However, against the order dated 21.07.2006 passed by the Collector, respondents Nos.4/1 and 4/2 preferred a Revision Application before respondent No.2, that has been allowed by impugned order dated 31.12.2011.
The learned advocate for the petitioner contends that the impugned order has been passed on various incorrect technical considerations. However, the said order is silent on the aspect whether there is a shortage of Gauchar land in the petitioner-Panchayat, and the objections taken by the petitioner to the grant of Gauchar land to respondents Nos.4/1 and 4/2. It is submitted that the impugned order is, therefore, unreasoned and not sustainable in law.
Issue Notice returnable on 25.04.2012.
By way of ad-interim relief, it is directed that the implementation, execution and operation of order dated 31.12.2011 passed by the Additional Secretary (Appeals), Revenue Department, shall remain stayed, till then.
(Smt.
Abhilasha Kumari, J.) ~gaurav~ Top