VISHWANATH SINGH Vs. COLLECTOR, SAWAIMADHOPUR AND OTHERS

JUDGEMENT

(1.) This writ petition filed under Arts. 226 & 227 of the Constitution of India involves a question of law regarding interpretation of the relevant provisions of the Rajasthan Panchayat Act, 1953 and the Rules made thereunder.

(2.) The case of the petitioner, in brief, is that on 11-11-1982 Gram-panchayat Ramgarh on the basis of the inspection of the petitioner's land which was carried out by one Up-sarpanch, allotted the land belonging to the petitioner in favour of one Kaliansingh, non petitioner No. 4. It has been contended by the petitioner that said Kaliansingh had never applied for allotment of the petitioner's land. Being aggrieved by the aforesaid allotment made in favour of non-petitioner No. 4, the petitioner has challenged the impugned order of allotment of Gram-panchayat, Ramgarh, dated 11-11-1982 vide Annexure 4. The Gram Panchayat, Ramgarh after taking all facts and circumstances of the case into consideration arrived at the conclusion that non petitioner No. 4 was entitled to allotment of land measuring 80 sq. feet as he was below the poverty line as contemplated by the provisions of Rules 256 to 267 of the Rajasthan Panchayat (General) Rules, 1961. It will be pertinent to mention the relevant Rules in this regard.

(3.) Rule 255ofthe Rules of 1961 defines the abadi land which means nazool land lying within the inhabited areas of panchayat circle which vests or has been vested in or has been placed at the disposal of panchayat by or under the orders of the State Government. Rule 256 of the Rules of 1961 provides that any person who is desirous of purchasing any abadi land from the Panchayat shall make an application in writing to the panchayat giving such description thereof as may be sufficient to identify the land proposed to be purchased. The concerned applicant shall along with his application deposit a sum of Rs. 200.00 with the panchayat towards expenses of the preparation of the plan of the land sought to be purchased. Rule 257 of the Rules deals with the preparation of the plan by the panchayat upon receipt of an application as contemplated under Rule 256. Rule 258 of the Rules which deals with the inspection of the sites contemplates that as soon as the plan is ready, the panchayat shall by a resolution nominate any three of the panchas for carrying out local inspection of the site. The panchas so nominated shall submit their opinion to the panchayat regarding the desirability of the sale applied, for after taking into consideration the following matters:-