MANOJ KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the order of the learned Single Judge dated 10. 05. 2002 rendered in S. B. Civil Writ Petition No. 1548/2001. The facts giving rise to the appeal are as follows.

(2.) THE appellant was granted patta of a residential plot measuring 20 x 40 years by the Gram Panchayat, Udasar, THE patta was challenged by Vikas Adhikari before the Collector, Bikaner under Section 97 of the Rajasthan Panchayat Raj Act, 1994 (for short, `the Act of 1994' hereinafter) by means of a revision petition. THE Collector vide its order dated 30. 12. 2000 allowed the revision petition preferred by the Vikas Adhikari, Panchayat Samiti, Bikaner and cancelled the patta issued in favour of the appellant.

(3.) THE allotments are governed by Rule 266 of the Rajasthan Panchayat (General) Rules, 1961 (for short, `the Rules' hereinafter), Rule 266 of the Rules reads as follows : " 266. Transfer of abadi land by private negotiation.- (1) THE Panchayat may transfer any abadi land by way of sale by private negotiation in the following cases :- (a) Where any person has a plausible claim of title to the land and an auction may not fetch reasonable price; (b) Where for reasons to be recorded in writing the Panchayat thinks that an auction would not be a convenient mode of disposal of the land; (c) Where such course is regarded by the Panchayat necessary for the advancement of Scheduled castes and Scheduled tribes or others backward classes. (d) Where the persons are in possession of the abadi land for 20 years or more but less than 42 years, one-third of the prevailing market price and in case of possession of over 40 years, one sixth of the prevailing market price shall be charged. (2) THE Panchayat may, be resolution, transfer by way of sale without charging any price therefore, any abadi land of which the probable value does not exceed Rs. 200/- in favour of any institution for a public purpose. "