DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) LEARNED counsel for the petitioner contends that the Collector, Bhilwara dismissed the revision petition preferred by the petitioner before him under Section 27-A of the Rajasthan Panchayat Act, 1953 (hereinafter referred to as "the Act") on the ground that the Panchayat Samiti has recorded in its order that the land in dispute formed part of the public way, but no opportunity was afforded to the petitioner to meet such a case.

(2.) A plot of land measuring 11'x 118' situated in village Redwas in Tehsil Kothadi of District Bhilwara was allotted by Gram Panchayat Redwas to the petitioner by its order dated October 6, 1967, subject to payment of Rs. 100/- as the price thereof. A patta was also issued by the Gram Panchayat on March 31, 1969 regarding the sale of the aforesaid plot of land in favour of the petitioner. One Bansidas filed an appeal against the aforesaid order of allotment of plot of land. The appeal was allowed by the Panchayat Samiti, Kothadi on the ground that the sale of land in dispute in favour of the petitioner was not made in accordance with the relevant rules. An appeal was preferred by the petitioner which was dismissed by the Additional Collector, Bhilwara, by his order dated May 15, 1971 and the case was remanded to the Gram Panchayat with the direction to take proceedings afresh in accordance with law.

(3.) IN the result, the writ petition is allowed, the order passed by the Collector, Bhilwara dt. December 4, 1974 and the order passed by the Standing Committee of the Panchayat Samiti, Kothari dt. January 2, 1974 are set aside. The Collector, Bhilwara is directed to decide the matter afresh after affording the petitioner a reasonable opportunity of hearing and producing relevant meterial on the question as to whether the land in dispute formed part of the public way or not. The parties are left to bear their own costs. .