GURDAYAL SINGH Vs. GRAM PANCHAYAT ARAYAN

JUDGEMENT

(1.) THIS is petition under Art 226 of the Constitution. The case of the petitioner is that Ahata 11/12 in village 40 F, Tehsil Karanpur, was proposed to be sold by the Gram Panchayat of Arayan, and it was concluded in favour of non-petitioner No. 4 Sampuran Singh on the 27th October 1957. It is alleged that the petitioner approached the Tehsil Panchayat for setting aside the sale but his appeal was rejected on the 6th January, 1953. The grievance of the petitioner is that certain rules which will be referred hereafter made under Sec. 89(2) of|the Rajasthan Panchayat Act (No. XXI) of 1953 were not followed and, therefore, thi Court should interfere and set aside this sale.

(2.) THE first objection is that under para 20 of rule 37-A, there should have been the approval of the Divisional Panchayat Officer as the value of the land sold was over Rs. 100/- (the sale price being Rs. 132/-). This objection has no force; for as we read the order of the Gram Panchayat, two plots were sold, each of the value of Rs. 66/-, and as such the value of the each plot of land sold was less than Rs. 100/-. It was urged that this device was adopted to circumvent the law. This may be so but the language of the rule is clear, and it is only applicable if a single plot of land is sold for a value more then 100 rupees.