SARDARMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution against an order of the Additional Collector, Pali. The petition was contested by respondent No. 3.

(2.) THE facts which have given rise to this petition are these. On 20-10-1953 one Mahadat moved an application for grant of Patta of land 30 gaz x 15 gaz to the Gram Panchayat, Luaawa. THE sale of abadi land was at that time gorverned by r. 37a of the Rajasthan Panchayat (General) Rules, 1954. THE procedure prescribed under this rule was followed. No objection was filed by any of the petitioners before the Panchayat claiming that any part of the land advertised for sale belonged to him. On 27-12-1959 the Panchayat ordered that the land be put to auction. THE auction was held on 4th, 5th and 6th February, 1960 and on the last date the sale was declared in favour of Roopchand respondent No. 3 for Rs. 4501/- of land measuring 33-1/2 gaz x 10 gaz. One-tenth of the sale price was deposited by Roopchand on 14-2-60. This deposit was accepted by the Panchayat and a recommendation was made to Government for approval of the sale in his favour.

(3.) IT is argued that the above reasoning is equally applicable to sub-rule (9) of rule 37-A.