JAMAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition filed under Art. 226 of the Constitution, the petitioners Jamatsingh and Hanspuri have prayed that by an appropriate writ, order or direction, the provisions of s. 124 (2) of the Rajasthan Panchayati Raj Act, 1994 (for short 'the Act') be declared illegal and be struck down; the notice (Annexure-2) dated 24. 1. 1995 issued by respondent No. 3 Vikas Adhikari, Panchayat Samiti, Revdar District Sirohi be declared illegal and quashed and respondent No. 4 Vikash Adhikari, Panchayat Samiti, Sirohi may be restrained from issuing similar notice to petitioner No. 2 Hanspuri; and it be declared that Gram Sabha is entitled to exercise all the rights and powers conferred upon it under the provisions of the Rajasthan Gramdan Act, 1971 ('hereinafter to be referred as 'the Act of 1971' ).

(2.) THE facts necessary to be noticed, for the disposal of this writ petition briefly stated are : that petitioners No. 1 Shri Jamatsingh and petitioner No. 2 Shri Hanspuri are the elected Presidents of Gram Sabhas of Gramdan villages Anadara and Krishanganj in District Sirohi. THEse Gram Sabhas are the creation of the Act of 1971. S. 11 of the Act of 1971 authorises the Collector of the District to declare a particular village as a Gramdan village and after declaration of a particular village as a Gramdan village, a Gram Sabha is constituted under s. 13 of the Act of 1971 and, thereafter, its executive committee is constituted and President is elected under s. 15 of the Act of 1971. S. 20 of the Act of 1971 further lays down that all land of the Gramdan village shall vest in the Gram Sabha. S. 26 deals with allotment of land by the Gram Sabha and s. 27 provides for the rights of the Gramdan Kisan. S. 30 deals with vesting of common lands in Gram Sabha and s. 31 provides for vesting of management of other unoccupied lands of the State Govt. in Gram Sabha. S. 43 of the Act of 1971 empowers the Gram Sabha to function as Panchayat.

(3.) A rejoinder has also been filed on behalf of the petitioners reiterating the contentions raised in the writ petition.