GORDHAN Vs. STATE OF RAJ. & ORS.

JUDGEMENT

(1.) By this writ petition a challenge is given by the petitioner to the judgment dated 1.2.1993 passed by Additional Collector, Hanumangarh exercising revisional powers under Sec. 17(4) of the Rajasthan Panchayat Act, 1953 (hereinafter referred to as "the Act of 1953") read with Rule 272 of the Rajasthan Panchayat (General) Rules, 1961 (hereinafter referred to as "the Rules of 1961").

(2.) The facts in brief are that the petitioner submitted an application to Gram Panchayat, Kheruwala Panchayat Samiti, Sadulsahar, District Sriganganagar for purchase of a abadi land from the panchayat. On receipt of and application a plan was prepared and local inspection of site was made by three panchas nominated by the Panchayat. A requisite public notice was also issued and the objections were also invited. The land thereafter was placed for auction and the same was sold to the petitioner being the highest bidder. The petitioner deposited a sum of Rs. 1100.00 with Gram Panchayat as consideration and thereafter requisite patta was issued by the Panchayat. A challenge to the same was given by respondent No.4 Shri Prithviraj by way of filing a revision petition before the Additional Collector, Hanumangarh. The learned Additional Collector by judgment impugned accepted the revision petition holding therein that the patta was required to be issued in accordance with Rule 271 of the Rules of 1961 but the same was issued by the Panchayat under Rule 266 of the said Rules. The Additional Collector also held that the sale was not confirmed as required to be made under Rule 265 of the Rules of 1961. On the counts above the Additional Collector accepted the revision petition and set aside resolution of orders of Panchayat as well as of Panchayat Samiti with regard to sale of land to the petitioner. The Additional Collector ordered to maintain status quo and to decide the question with regard to old possession over the land by holding an inquiry and by giving an opportunity of hearing to the parties. Being aggrieved by order dated 1.2.1993 this writ petition is preferred by the petitioner.

(3.) A reply to the writ petition has been filed on behalf of respondents No.1, 2 and 3. The respondents have given just and formal reply in defence and the proceedings pertaining to sale have not been placed on record.