CHET RAM Vs. COLLECTOR CHURU

JUDGEMENT

(1.) BY this petition, petitioner challenges the correctness of the order passed by the Collector, Churu in Civil Revision No. 11/81 on 21/9/1982 whereby he has held that the revision filed by the petitioner was not maintainable u/section 27-A of the Rajasthan Panchayat Act, 1953.

(2.) IT is stated by the petitioner that he has got his residential house in village Dhirwas Bada. In front of the house of the petitioner, there is a common lane used as a way which is 60 ft. in length and about 20 ft. in breadth. On the other side of this common lane, there is situated the house of the respondent Salag Ram while the houses of respondents No. 3, 4 and 6 Shanker Lal, Udai Chand and Prem Prakash are situated towards the western side of the petitioner's house. IT is further averred by the petitioner that Gram Panchayat Dhirwas Bada without following the mandatory provisions of the Rules 256, 257,259,260 & 266 of the Rajasthan Panchayat (General) Rules, 1961, has sold the part of the common lane in favour of the respondents No. 3 to 6 by its order dated 15/5/1981 by private negotiation. The petitioner aggrieved with the said sale filed a revision before the Collector, Churu against the order of Panchayat dated 15/5/81 and pattas issued in consequence thereof dated 16/5/1981 raising objections about not following the mandatory provisions of the rules in regard to the sale of the Abadi land through private negotiation. The Collector, Churu vide his order dated 21/9/1982 dismissed the revision as not maintainable on the ground that since u/r. 270 of the aforesaid Rules, 1961, appeal against the order of the Gram Panchayat lay to the Panchayat Samiti, no revision is maintainable directly before him by having recourse to section 27-A. IT is this order which is under challenge in this petition.

(3.) THE ratio of the aforesaid decision is fully applicable to the facts of the present case. In the face of the aforesaid decisions, the order of the Collector dismissing the revision on the ground that it is not maintainable Ex. 4 cannot be sustained.