DEVENDRA KAUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONER Devendra Kaur has preferred this writ petition for assailing the impugned order dated 23rd of May 2013 (Annex.5) passed by the learned Addl. District Collector (Vigilance), Sri Ganganagar, whereby her revision petition under Section 97 of the Panchayati Raj Act 1994 (for short, 'Act of 1994) was rejected.

(2.) THE facts, apposite for the purpose of this writ petition, are that the petitioner laid a revision petition under Section 97 of the Act of 1994 challenging allotment of a residential plot No.19 measuring 50' x 100' by Gram Panchayat Motasar in favour of 4th respondent, inter -alia, on the ground that earlier the said plot was allotted to her husband by the Gram Panchayat on 24th of March 1989 and while making allotment free of charge in favour of 4th respondent, there was apparent error in demarcation of the plot which was already allotted to her. The learned Addl. District Collector (Vigilance) Sri Ganganagar, after hearing the rival parties, declined to interfere in the matter precisely on the ground that the petitioner has not placed on record the order of allotment and Patta issued in her husband's name and furthermore the concerned Gram Panchayat has not made available the requisite record to show the alleged earlier allotment. That apart, the learned Addl. Collector has also observed that in want of requisite record, it is not possible to accept the contention of the petitioner that part of Plot No.21 has been converted as Plot No.19 and thereafter allotted to the private respondent.

(3.) BEFORE adverting to examine the legality of the impugned order, I have carefully examined the alleged Patta issued in favour of petitioner's husband Gurmukh Singh. From a bare perusal of Patta Annex.2, it is amply clear that the said Patta has been issued to petitioner's husband free of charge under the Rajasthan Panchayat and Nyaya Panchayat (General) Special Allotment of Abadi Land for Residential House Sites to Scheduled Castes, Scheduled Tribes, Landless persons, village Artisans and Small and Marginal Farmers Rules 1975 (for short, 'Rules of 1975'), which were framed in exercise of powers conferred by sub - sec.(1) of Section 89 of Panchayat Act 1953 (since repealed). As per Rule 3 of the Rules of 1975, only six categories are eligible for allotment free of charge with a rider that such allotment can be made to a bonafide resident of Rajasthan, who does not own any house site in any Abadi or agricultural land anywhere in Rajasthan in his own name or in the name of any member of his family. The complete text of Rule 3 is reproduced as under: