PRAKASH CHANDRA Vs. DISTRICT COLLECTOR, BHILWARA & ORS.

JUDGEMENT

(1.) This writ petition is directed against the order dated 26.9.2013 of the Additional District Collector, Bhilwara, whereby while allowing the revision petition preferred by the second respondent herein, under Section 97 of Rajasthan Panchayati Raj Act, 1994 (for short "the Act "), a patta of a plot issued by the Gram Panchayat, Umaji Ka Kheda, in favour of the petitioner, stands cancelled.

(2.) The revisional authority has arrived at the finding that the proceedings taken by the Gram Panchayat does not disclose as to why instead of putting the disputed plot to auction, the same was sold in favour of the petitioner herein by private negotiation under Rule 156 of the Rajasthan Panchayati Raj Rules, 1996 (for short "the Rules ").

(3.) Learned Counsel appearing for the petitioner contended that the plot in question was sold by the Gram Panchayat in favour of the petitioner after following the due process of law for the price determined on the basis of existing DLC rate and thus, the revisional authority has seriously erred in setting aside the patta, without there being any justifiable reason. Learned Counsel submitted that as a matter of fact, the revision petitioner had preferred an application for withdrawal of the revision petition but without deciding the said application, the revision petition was allowed.