MOHAN LAL Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) AS per the facts mentioned in the writ petition, non petitioner No. 3 Laxmi Narain had filed an application before the Gram Panchayat, Khilchipur on 20. 9. 87 seeking permission for raising permanent construction to which the petitioner had objected but Gram Panchayat granted permission vide order dated 1. 5. 88 Annexure-4 ). The petitioner preferred a revision petition u/s 27- A of the Rajasthan Panchayat Act, 1953 but the same was dismissed on the ground that no revision lies as the petitioner should have filed an appeal u/s 26 A of the Act, and it is against this order passed on the revision petition that the present writ petition has been filed.

(2.) I have heard learned counsel for the parties. Learned counsel for the petitioner submits that u/s 21 of the Rajasthan Panchayat Act, 1953, particularly u/s 21 (8), the Panchayat can deal with the construction of new building and since sec. 21 falls under Chapter 1 of the Act of 1953, no appeal is maintainable u/s 26-A and only revision is maintainable u/s 27-A of Act. On the other hand, learned counsel for the respondents has submitted that Chapter- II of the Act of 1953 deals with the establishment and constitution of Panchayat and Chapter. III deals with the powers, duties, functions and administration of Panchayats and it is u/s 24 of the Act read with IIIrd Schedule Item No. 1 (P) that Panchayat deals with such matters and therefore, appeal is maintainable u/s 26-A.