SARUPA Vs. ADDL COLLECTOR

JUDGEMENT

(1.) IN this writ petition under Article 226 of the Constitution the partition is challenging the order dated 30th September, 1972 whereby the additional collector, Pail rejected the revision petition filed by the petitioner against the order of the panchayat swami on the ground that the said revision petition was batted by limitation. The circumstances relating to the passing of the order aforesaid are briefly as under.

(2.) THE petitioner Sarupa and his brother Roopa have a house in village Khundawas which falls in the jurisdiction of Panchayat Sadariya and Panchayat Samiti Rohat there is Bara' (enclosure) surrounding the land ever which the houses of the petitioner and his brother Roopa are situated.

(3.) THE learned Counsel for the petitioner has submitted that even though the legislature has not prescribed any period of limitation for filing a revision petition under Section 27A of the Rajasthan Panchayat Act, the Additional Collector Pali has erroneously proceeded on the footing that such revision petition should normally by filed within the period of 30 days, the period prescribed for filing an appeal under Section 27A of the said Act.