MALA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution, the petitioner challenges the legality and correctness of an order dt. June 16, 1983 (Annex. 10) of the Revenue Appellate Authority, Jodhpur.

(2.) The dispute between the petitioner and the contesting respondents (Nos. 5 to 91 is over a plot of Abadi Land situate in village, Bada lying within the Panchayat Circle. Aakhrad District Jalore. There is no controversy between them about the facts involved. The facts are that Raggaram -- real brother of the pe'itioner, was the Sarpanrh of Gram Panchavat, Aakhrad. Complaints were made to the Collector, Jalore that Raggaram and Gram panchayat were adopting bias and partial attitude in the sale of land in dispute. The Collector by his order dt. August 30, 1979 (Annex. 1) withdrew the matter from Gram Panchavat. Aakhrad and directed Gram Panchavat. Malwara to take steps to dispose of the land in dispute by an open auction in accordance with the provisions of Rules 255 to 265 of the Rajas-than panchayat and Nvava panchayat (General) Rules, 1961 (hereinafter called as 'the Rules'). By his subsequent order dt. September 4, 1979. the Collector modified his earlier order dated August 30, 1979 (Annex. 1) and directed Gram Panchavat. Pansari to dispose of the land in dispute. The Gram Panchayat. Pansari, thereupon made an auction of the land in dispute. The petitioner being the highest bidder, the auction was knocked down in his favour and the land was sold to him for a sum of Rupees 95, Patta (Annex. 8) was also issued in his favour on July 11, 1983. However, the Revenue Appellate Authority. Jodhpur by his order dt. June 16, 1983 (Annex. 10) set aside the orders of the Collector and issued direction to the concerned Gram Panchavat, Aakhrad to dispose of the land in dispute in accordance with the provisions of the Rules. The grievance of the petitioner is that the order of the Revenue Appellate Authority. Jodhpur is illegal because no revision lies against the orders of the Collector passed under the Rules.

(3.) The contesting respondents, while admitting all these facts submitted that the order of the Collecor dt. August 30, 1979 (Annex. 1) and September 4, 1970 (Annex. 2) are in themselves illegal for the reason that he had no powers under the Rules to withdraw the proceedings of sale from the concerned Panchayat and direct some other panchayat to sell it. If the impugned order of the Revenue Appellate Authority is set aside as being unauthorised and without jurisdiction, the result would be the restoration of illegal orders of the Collector. It was also alleged that subsequent to the order of the Revenue Appellate Authority. Gram Panchavat, Aakhrad has sold the land in dispute to them and a Patta has also been issued in their favour.