GRAM PANCHAYAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD the learned Counsel for the parties. We deem it just and proper to dispose of this appeal and the petition at this stage so that this protracted litigation may come to an end.

(2.) THE writ petition was filed by Gram Panchayat, Manadar challenging the order dated 26.12.1997 of the Collector Sirohi Ex. 7 -A by which the Collector cancelled the auction made by the Panchayat of Papar Khar area lying within the pasture land at its disposal and directed Development Officer, Panchayat Samiti, Sheoganj to carry out auction of the Papar Khar area of the Gram Panchayat on 28.12.1997. The petitioner appellant Gram Panchayat challenged the authority of Collector to interfer with the disposal of Papar Khar area within the pasture land, lying within Gram Panchayat and vesting in it interalia on the ground that Papar Khar being natural produce grown at the pasture land allotted to Gram Panchayat to vest in the Gram Panchayat is wholly without jurisdiction and without authority of law. Apart from seeking a mandamus to quash that order which has infringed the exclusive right of the Gram Panchayat to deal with the natural produce vesting in it, petitioner also claimed for writ of prohibition restraining respondents from taking any proceedings for auction of 830 bighas of pasture land producing the natural produce Papar Khar which is vested in Gram Panchayat Manadar.

(3.) IN the first instance we are of the opinion that where the petitioner seeks mandamus against statutory authority not to trespass the limits of its jurisdiction and infringe the exclusive jurisdiction and authority to be exercised by the petitioner, another instrumentally, of the State, under the provisions of the statute under which it has been constituted the ordinary remedy of filing of the civil suit cannot be considered ordinarily to be a bar or impediment in the exercise of extra ordinary jurisdiction under Article 226 of the Constitution of India to keep any statutory functionary within the limit of its authority conferred under such statute and to protect the limits of authority and rights of the other functionary. Moreover the present case is not merely a matter of exercising power by respective authority but raises basic issue about right of any local authority which exercises sovereign functions of State, to act within the sphere of its authority and obligations, uninterrupted by executive interference except to the extent authorised by law. It is not only the duty of this court to protect the fundamental rights of the citizen, but is equally under obligation to watch that respective bodies constituted under the statutes are confined to act within their own jurisdiction and such authority is not transgressed by other statutory authorities. The question raised in this petition is not ventilation of private rights of any particular Gram Panchayat, but raises the very fundamental issue about the tendency of the general administrative authorities to interfere with the function and exercise of statutory powers vested in Gram Panchayat, the grass root democratic set up of the local self Government in the management of their property affairs and raising funds for their needs.