SURESH Vs. STATE OF RAJ. & ORS.

JUDGEMENT

(1.) By this writ petition for writ a challenge is given to the judgment dated 29.3.1993 passed by Collector Bikaner exercising powers under Sec. 27-A of the Rajasthan Panchayat Act, 1953 (hereinafter referred to as "the Act of 1953"). By order impugned dated 29.3.1993 the Collector Bikaner while accepting revision petition preferred by Vikas Adhikari, Panchayat Samiti, Bikaner cancelled lease of a peace of land granted by Gram Panchayat, Shivbadi dated 30.4.1986 in favour of the petitioner.

(2.) The grievance of the petitioner is that the order impugned was passed by the Collector without affording an effective opportunity of hearing to him and, therefore, gross violation of principles of natural justice is apparent. According to the petitioner no notice was served upon him said to be issued by the Collector entertaining and deciding the revision petition. The petitioner has placed on record all the order sheets relating to the proceedings of the revision petition which was decided under the order impugned.

(3.) From perusal of order sheets it is found that the revision petition was filed by Vikas Adhikari, Panchayat Samiti, Bikaner in the court of Collector, Bikaner on 1.2.1993 and a notice was issued to the petitioner to appear before the court on 24.2.1993. On 24.2.1993 the notice issued to the petitioner in pursuance of order dated 1.2.1993 was not received after affecting the service. The revision petition was adjourned and the same was fixed for further orders on 10.3.1993. On 10.3.1993 the learned Collector found that the notice issued on 1.2.1993 was not served upon the petitioner, therefore, he ordered to affect service by getting the notice published in a newspaper circulating in locality in which the petitioner was residing. In compliance of order dated 10.3.1993 the notice was published in daily "Yugpaksha" in its edition dated 17.3.1993.