MAHAVEER PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ON an application having been moved by the petitioner under Rule 256 of the Rajasthan Panchayat (General) Rules, 1961 (the Rules), the respondent No. 2 sold to him the land in dispute and issued a Patta (Annex. 2) in respect thereof in his favour. The respondents No. 3 to 7 challenged the said sale by moving an application/revision under Rule 272 of the Rules. The learned Additional Collector, Sikar (who has not been impleaded as a party in this writ petition), after hearing the learned counsel for the parties, has, vide the impugned order dated 3.12.1985 (Annex. 3), quashed the sale and the patta on the ground that the sale was not in accordance with the rules, and was bad. Feeling aggrieved, the petitioner has approached this court by filing this writ petition under Articles 226 and 227 of the Constitution of India.

(2.) I have heard the learned counsel for the parties.

(3.) RULE 272, which deals with the revision, reads as under - 272. Revision -(1) The State Government or any officer or authority to whom the powers of the State Government under Section 27 -A may have been delegated by notification under Section 70, on its or his own motion or on an application made in behalf, may for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any order passed by the Panchayat or the Panchayat Samiti or the Collector (or the Revenue Appellate Authority), under Rule 265 (or Rule 266 or Rule 267 or Rule 268) or on appeal under Rule 270, called for the connected records and may, in doing so, direct that, pending the examination of the records, such order shall be held in abeyance: