[2025:RJ-JP:47466] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14328/2017 1. Shimbhu Dayal Son of Late Shri Kana Ram. 2. Radheyshyam 3. Shriram 4. Rudmal, Sons of Late Laxmi Narayan. 5. Rati Ram Son of Shri Sadhu Ram. 6. Devendra Son of Late Shri Jagdish, Resident of Village Bobadi, Tehsil Jamwaramgarh, District Jaipur Raj.. ----Petitioners Versus 1. State of Rajasthan Through Secretary To The Panchayati Raj Department. 2. Additional Collector-I, Jaipur Metropolitan City, Jaipur. 3. Pradhan, Panchayat Samiti Jamwaramgarh, Tehsil Jamwaramgarh, District Jaipur. 4. Sarpanch, Gram Panchayat Bobadi, Panchayat Samiti Jamwaramgarh, District Jaipur. 5. Rajendra Kumar Sharma. 6. Mahendra @ Sunil 7. Anil @ Jitendra 8. Umesh @ Upendra, 5 To 8 Are Sons of Late Shri Mohri Lal Sharma, Resident of Post Bobadi, Tehsil Jamwaramgarh, District Jaipur Raj.. ----Respondents For Petitioner(s) : Mr. P.K. Sharma with Mr. Maneesh Sharma For Respondent(s) : Mr. Ashutosh Udawat, Mr. Sumit Purohit & Mr. Pranay Sharma on behalf of Mr. Kapil Prakash Mathur, AAG for respondent No.1 Mr. J.P. Goyal, Sr. Adv. assisted by Ms. Yashika Vijayvargia for respondents No. 5 to 8 [2025:RJ-JP:47466] (2 of 4) [CW-14328/2017] HON'BLE MR. JUSTICE ANAND SHARMA Order 24/11/2025 1. Petitioners have challenged decision passed by the Administration and Establishment Standing Committee of Zila Parishad, Jaipur whereby the order dated 19.11.2014 passed by the Appellate Authority-cum-Administration and Establishment Committee of Panchayat Samiti, Jamwaramgarh, District Jaipur has been quashed. 2. It is submitted that in ignorance of the provisions of law and without following the process, earlier patta was issued on 20.05.1984 and 30.03.1985 in favour of private respondents No.5 to 8, whereas the said land was public land and could not have been allotted to private persons for their undue uses. The aforesaid issuance of illegal patta was challenged by the petitioners, when they came to know about such pattas in the year 2011, by way of filing an appeal before the Administration and Establishment Standing Committee, Panchayat Samiti, Jamwaramgarh, District Jaipur. 3. After hearing both the sides, the appeal was decided vide order dated 19.11.2014, whereby the pattas earlier illegally issued in favour of private respondents were quashed. 4. Against order dated 19.11.2014, the private respondents filed revision petition before the District Collector under Section 97 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter to be referred as 'the Act of 1994'), however, same was not pursued and was dismissed on account of non-prosecution on 19.11.2014. [2025:RJ-JP:47466] (3 of 4) [CW-14328/2017] 5. Learned counsel for the petitioners submits that thereafter the private respondents filed appeal before the Administration and Establishment Standing Committee of Zila Parishad, Jaipur whereas such Committee had got no jurisdiction whatsoever to entertain any appeal against the appellate order dated 19.11.2014 passed by the Panchayat Samiti, Jamwaramgarh, District Jaipur. The appeal has been decided by the Administration and Establishment Standing Committee of Zila Parishad, Jaipur vide decision dated 12.06.2017, wherein ignoring the competence and jurisdiction of the committee, the appellate order dated 19.11.2014 has been quashed, which is causing grave prejudice and miscarriage of justice to the petitioners as well as the citizens of the village in question. 6. Learned counsel appearing for the private respondents would submit that even appeal filed by the petitioners before the Appellate Authority of Panchayat Samiti, Jamwaramgarh was time barred as the pattas issued in the year 1984 & 1985 were challenged by the petitioners in the year 2014, whereas in the meantime, the rights of the respondents stand crystallized and such vested rights could not have been negated in an appeal filed after more than 36 years. However, overlooking the point of limitation, the appeal filed by the petitioners was allowed, therefore, no error whatsoever has been committed by the Administration and Establishment Standing Committee of Zila Parishad, Jaipur in quashing the illegal order earlier passed by the Appellate Authority. 7. I have considered the submissions made by learned counsel for the parties and perused the record. [2025:RJ-JP:47466] (4 of 4) [CW-14328/2017] 8. As per Section 97 of the Rajasthan Panchayati Raj Act, 1994, in case any order has been passed by the Appellate Authority of Panchayat Samiti, that can be challenged by way of filing revision petition under Section 97 of the Act of 1994 and learned counsel for the respondents has utterly failed to point out any provision for filing second appeal before the Administrative and Establishment Standing Committee of Zila Parishad, Jaipur. 9. Thus, the Zila Parishad has committed serious error of law in entertaining the appeal without having any jurisdiction under law and on account of there being lack of inherent jurisdiction, the appellate order dated 19.11.2014 could not have been examined and quashed by the Zila Parishad, Jaipur. 10. It is also a matter of record that earlier the petitioners rightly invoked revisional jurisdiction of District Collector under Section 97 of the Act of 1994, however, for the reasons best known, they did not pursue the revision petition on merits and the same was dismissed in default. 11. In the light of above discussion, where decision dated 12.06.2017 taken by the Administration and Establishment Standing Committee of Zila Parishad, Jaipur under the signatures of Chairman and Zila Parmukh of Zila Parishad is apparently illegal, without authority of law and jurisdiction, the same is hereby quashed and set aside. Earlier order dated 19.11.2014 passed by the Appellate Authority stands revived. 12. The instant writ petition filed by the petitioner is accordingly, allowed. (ANAND SHARMA),J DIVYA /29