Rajasthan High Court Upholds Civil Court's Authority in Land Dispute

Revision Petition Rejected on Grounds of Prior Civil Court Decree; Legal Recourse Lies in Challenging Civil Decree

In a significant ruling, the Rajasthan High Court, presided over by Justice Kuldeep Mathur, dismissed a writ petition filed by Kapuraram, affirming the precedence of civil court decrees over revision petitions under the Rajasthan Panchayati Raj Act, 1994. The petitioner sought cancellation of a patta issued in 1983, contesting its legality through a revision petition under Section 97 of the Panchayati Raj Act. The revision was originally dismissed by the Additional District Collector, Jalore due to an existing civil suit decree favoring the respondents, Bhuri Devi and others.

The case revolved around the patta granted to Vachnaram, which Kapuraram claimed was issued in violation of prescribed procedures. However, the civil court had already decreed in favor of Bhuri Devi, restraining Kapuraram from interfering with the possession of the property. The Rajasthan High Court emphasized that once a civil court decree is in place, the matter cannot be overridden by subsequent proceedings under the Panchayati Raj Act. The legal remedy for the petitioner lies in challenging the civil court's decree in the appellate court.

Additionally, the court noted the unexplained delay of over four years in filing the writ petition, deeming it neither bona fide nor unintentional. The petition was filed after the civil court had already ruled on the matter, highlighting the petitioner's lack of timely action since the patta's issuance in 1983. The judgment reiterates the importance of adhering to procedural timelines and respecting civil court rulings in disputes concerning land ownership and possession.

This ruling underscores the judiciary's commitment to uphold civil court authority in land disputes, reinforcing the necessity for parties to seek appropriate legal channels for challenging decrees rather than engaging in parallel legal processes.

Bottom Line:

The revision petition filed under Section 97 of the Rajasthan Panchayati Raj Act, 1994 cannot be entertained by the revenue authorities if a civil court has already decreed the matter, and the remedy lies in challenging the civil court's decree before the appellate court.

Statutory provision(s): Section 97 of the Rajasthan Panchayati Raj Act, 1994

Kapuraram v. Bhuri Devi, (Rajasthan) : Law Finder Doc Id # 2794497