SHAH POONAM CHAND Vs. COLLECTOR JALORE

JUDGEMENT

(1.) IN these two writ petitions the same question of law arises for decision.

(2.) IN writ petition No. 476/62 Phoolchand respondent No. 4 filed an application to the Panchayat for permission to shift his latrine to the northern corner of his Chabutra. Before the permission was granted he constructed the latrine. On an objection by Poonamchand petitioner the Panchayat refused to grant the permission to Phoolchand to shift his latrine and ordered the demolition of the latrine which he had constructed without its permission. Phoolchand filed an appeal to the Panchayat Samiti against the order of the Panchayat. This appeal was heard by standing committee of the Panchayat Samiti which reversed the order of the Panchayat and granted permission to Phoolchand to shift his latrine. Against this order Poonamchand filed a revision application to the Collector under sec. 27a of the Panchayat Act. The Collector rejected it on the ground that a revision application lay against the order of the standing committee to the Panchayat Samiti under sec 21a of the Rajasthan Panchayat Samitis and Zila Parishads Act. IN writ petition No. 477/1962 Poonamchand petitioner applied for permission to construct a latrine. This permission was granted by the Panchayat and Poonamchand constructed his latrine. Phool Chand respondent No. 4 filed an appeal to the Panchayat Samiti which was heard by a standing committee of it, which reversed the order of the Panchayat and ordered the demolition of the latrine constructed by the petitioner. Against this order the petitioner filed a revision application to the Collector under sec. 27a of the Panchayat Act. He dismissed it on the ground that a revision application lay to the Panchayat Samiti under sec. 21a of the Panchayat Samitis and Zila Parishads Act.