ANIL KUMAR JAIN Vs. ADDL. COLLECTOR SAWAI MADHOPUR

JUDGEMENT

(1.) THIS petition has been filed challenging the order dated 14-5-2009 passed by the Additional Collector Sawai Madhopur in revision petition No.78/2008, filed under Section 97 of the Rajasthan Panchayati Raj Act, 1994 (herein after the Rs.1994 Act'), whereby the learned Additional Collector has set aside the order (dated 20-12-2007) of allotment of a commercial plot admeasuring 231 sq. ft. (25.67 sq. yards) to the petitioner by the Gram Panchayat Choth ka Barwada.

(2.) THE learned Additional Collector held that the allotment made to the petitioner of the commercial plot in question was in violation of the procedure prescribed under Rules 145, 146, 147 as also 148 of the Rajasthan Panchayati Raj Rules, 1996 (herein after the Rs.1996 Rules'). It has been found from the record that the fees as required under Rule 145 (2) of the 1996 Rules was not deposited and on this count the application ought to have been dismissed at the threshold. The Additional Collector also found that as per Rule 146(2) three Panchas ought to have inspected the site, while only two Panchas have submitted inspection report dated 17-10-2007, which was an irregularity violating the allotment Rules. It was further found that there was no resolution or proposal passed by the Gram Panchayat as per Rule 147 of the 1996 Rules for sale of commercial plot in question and without complying with Rules 145, 146, 147 of the 1996 Rules, objections were invited under Rule 148 thereof. The notice inviting objections were not properly published by pasting on conspicuous places. It was further found that inspite of objections to allotment filed by other interested persons, the objections were not disposed of as required by Rule 149 of the 1996 Rules prior to allotment of plot in question to the petitioner. The Additional Collector with reference to Rule 143 of the 1996 Rules held that the allotment of commercial plot admeasuring 231 sq. ft. was palpably illegal, as under Rule 143 (3) of the 1996 Rules a commercial plot over 200 sq. ft. had to be mandatorily disposed of only by way of open auction and that in any event there was no material on record of the Panchayat showing that any proper decision had been taken or requisite procedure had been adopted for sale of commercial plot even with reference to Rule 156 of the 1996 Rules. It was also found that Jaswant Singh, respondent No.3 herein had also moved an application before the Gram Panchayat with regard to the same plot in question, which application was side-tracked and allotment was made in favour of the petitioner. Further the rates of commercial plots in the area from the Sub Registrar with reference to Rule 152 (4) of the 1996 Rules had not been obtained before the allotment unauthorisedly made to the petitioner. In view of aforesaid findings of facts establishing gross breach of governing rules, the Additional Collector proceeded to set aside the allotment dated 20/22-12-2007 of the commercial plot in favour of the petitioner.

(3.) IN this view of the matter, I find no force in the writ petition. There is no error, perversity or misdirection of law in the impugned order dated 14-5-2009 passed by the Additional Collector Sawai Madhopur. The writ petition is dismissed.