BHAGWAN SINGH Vs. DISTRICT AND SESSIONS JUDGE GANGANAGAR

JUDGEMENT

(1.) THIS is an application by Bhagwan Singh under Art. 226 of the Constitution against the order of the Gram Panchayat, Kharla in connection with the sale of certain lands.

(2.) THE brief facts of the case are these. THE applicant applied to the Gram Panchayat, Kharla for sale to him of abadi land Ahata Nos. 45 and 46 measuring 5000 sq. ft. each. THE Panchayat took action under rule 37-A of the Rajasthan Panchayat (General) Rules, 1954 and called for objections. Jeet Singh made an objection. He seems to have wanted to purchase the plots himself. THE Panchayat gave a decision on the 11th of December, 1955. According to that half of plot No. 45 and the whole of plot No. 46 were to be sold to Bhagwan Singh, while half of plot No. 45 along with another plot No. 26 was to be sold to Jeet Singh. THE applicant was aggrieved by this order of the Panchayat and went in appeal to the Tehsil Panchayat. His appeal was dismissed. He then went in revision to the District Judge, who however dismissed the revision holding that he had no power of revision in a case of this kind. THEreupon the present application was made in this Court. THE main contentions of the applicants are twofold - (1) That the District judge was wrong in holding that he had no jurisdiction to entertain the revision in this case. (2) That the order of the Panchayat should be set aside as the Panchayat did not follow the procedure provided by rule 37 (A) of the Rajasthan Panchayat (General) Rules, 1954.