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Judgment
This writ petition has been filed on behalf of the petitioner
being aggrieved with the order dated 18.9.2016 passed by the
Additional District Collector, Hanumangarh in revision petition filed
by the petitioner under Section 97 of the Rajasthan Panchayati Raj
Act, 1994 (for short ''the Act of 1994'').
By way of above-mentioned revision petition, the petitioner
has challenged the mutation entry in respect of plot No.98 of
village Satipura, Distt. Hanumangarh entered in the panchayat
record as per the resolution of the Gram Panchayat in its meeting
dated 28.2.1997.
The Addl. District Collector, Hanumangarh has rejected the
revision petition on the ground that the petitioner and the private
respondents are from the same family and dispute regarding the
partition, family settlement and ownership of the property in
question is going on between them. The Addl. Distt. Collector,
Hanumangarh is therefore of the opinion that whatever the
dispute raised by the petitioner is of civil nature, hence, the
revision petition under Section 97 of the Act of 1994 is not
maintainable.
Having heard learned counsel for the petitioner and after
going through the material available on record, this Court does not
find any illegality in the impugned order as the dispute regarding
the partition of the property between the brothers, ownership and
the family settlement are only to be decided by the appropriate
civil court in respect of which the litigation is already going on
between the parties.
Needless to say that the mutation proceedings are fiscal in nature and rights of the parties cannot be decided on the basis of
the mutation entries.
Hence, no interference is called for by this Court in this writ
petition.
The writ petition is dismissed accordingly. Stay petition is
also dismissed.