Gopal Ram S/o Late Chiman Lal vs State of Rajasthan to Be Served Through Secretary

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.