PADMA RAM Vs. REVENUE APPELLATE AUTHORITY

JUDGEMENT

(1.) THIS writ petition Under Article 226 of the Constitution has been filed by the petitioner Padmaram for the issue of a writ of certiorari to quash the order dated 14th August. 1969, passed by the Addl. Collector, Nagour and the order dated 28th October, 1972 passed by the Revenue Appellate Authority, Jodhpur.

(2.) THE petitioner owns a house in village Kuohera, Teh: Nagour and in front of the said house there is a strip of land measuring 15 -1/2 ft x 4ft on which there is a raised platform. The petitioner applied to the Gram Panchayat. Kuchera on 9th January, 1964 for the issue of a patta in respect of land above mentioned and the Gram Panchayat be its order dated 20th May, 1964 directed that a patta be issued in favour of the petitioner for the said land. In pursuance of the order of the Gram Panchayat dated 20 the May, 964, the petitioner deposited a sum of Rs. 112/ - on 21st May, 1964 and a that was issued in his favour on the same day i.e. 21st May, 1964. Gigaram, respondent No. 3 herein, who is a neighbor of the petitioner filed an appeal before the Panchayat Samiti against the order of the Gram Panchayat dated 20th May, 1964 and the Panchayat Samiti by its order dated 30th December 1965, dismissed the said appeal of respondent No. 3 and affirmed the order of the Gram Panchayat regarding the grant of patta in favour of the petitioner. Against the aforesaid order of the Panchayat Samiti dated 30th December 1965, respondent No. 3 filed a revision petition which was allowed by the Addl. Collector, Nagour by his order dated 14th August, 1969, on the view that the land in respect of which patta had been granted in favour of the petitioner was part of the public thorough fare and as a result of the grant of patta and raising constructions over the said land, inconvenience could be caused to the public. In view of the finding aforesaid the Addl. Collector set aside the order of the Gram Panchayat as well as the Panchayat Samiti. Aggrieved by the order of the Addl. Collector, the petitioner filed an appeal before the Revenue Appellate Authority which was dismissed by the order of the Revenue Appellate Authority dated 28th October, 1972 on the view that no appeal was maintainable against the order of the Addl. Collector passed in exercise of his provisional jurisdiction. The petitioner thereupon filed this writ petition to challenge the orders of the Addl. Collector, Nagour and the Revenue Appellate Authority, Jodhpur.

(3.) THE counsel submits that prior to 11th December 1969 an appeal had been provided under Rule 270 only against the order of the Panchayat confirming the sale of adadi land under Rule 265 and no appeal was provided against transfer of abadi land under Rule 266 or allotment of land under Rule 267, and similarly under Rule 272 a revision petition lay only against an order passed under Rule 265 and no revision was provided in Sec of orders passed under Rules 266 and 267. The case of the petit one of that the order dated 20th May, 1964 regarding the grant of patta in his favour was passed by the Gram Panchayat in exercise of its powers nadir Rule 266 and that no appeal lay against the said order before the Panchayat Samiti under Rule 270 and similarly no revision lay against the said my to the Collector under Rule 272. The submission of the counsel for the petitioner is that the appeal filed by the respondent No. 3 before the Panchayat Samiti as well as revision petition filed by him before the Collector were incompetent.