SOHAN LAL Vs. GRAM PANCHAYAT AND ORS.

JUDGEMENT

(1.) THIS petition is filed by the petitioner under Article 226 of the Constitution of India challenging the order passed by the Additional Collector, Chittorgarh dt. 30.12.1995 by which the Collector has allowed the revision application filed by the respondent No. 2, herein.

(2.) THE dispute in question is with regard to the construction of "Chabutara" (dias) on the part of the petitioner. The petitioner has placed some projection at the front of his house. The son of respondent No. 2 and his relatives instituted a civil suit before the competent Civil Court objecting the said construction. However, the Civil Court prima facie found that there is no substance in the case of respondent No. 2 and the learned Civil Judge, Doongla by its order dt. 22.02.1995 (Annex. 9) by giving detailed reasons rejected the prayer for injunction.

(3.) THE respondent No. 2 thereafter preferred a revision application before the Collector, Chittorgarh challenging the decision of the Gram Panchayat granting permission to the present petitioner for constructing the dais. The Collector, by the impugned order dt. 30.12.1995 at page 61 in the compilation allowed the application submitted by the respondent No. 2 by coming to the conclusion that nobody has right to put dais on the front of the house as the said portion belongs to the Panchayat and the construction of dais is against the rules.