CHANDRA PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has challenged the order 09.09.2005 passed by the Additional District Collector, Sawai Madhopur whereby a revision petition filed by the petitioner under Section 97 of the Rajasthan Gram Panchayat Act, 1994 has been dismissed. THE facts leading to this petition are as follows :- A piece of land, lying near the station gate, falling under the Gram Panchayat Chauth Ka Barwada, was allegedly under the possession of the petitioner from 1991 onwards. According to the petitioner, he had submitted an application for the allotment of the said land to the Gram Panchayat. However, the Gram Panchayat did not pay any heed to his application. Subsequently, on 24.02.2000, one Shri Shivji Ram filed an application for allotting the said land to him, the Gram Panchayat accepted the said application and allotted the land to Shri Shivji Ram on 16.05.2000. Since the land was not allotted to the petitioner, he filed an appeal challenging the said allotment before the Permanent Administration Committee, Panchayat Samiti, Sawai Madhopur. However, vide order dated 30.01.2002, the Panchayat Samiti dismissed the petitioner's appeal. Subsequently, the petitioner filed a revision before the Court of Additional District Collector, Sawai Madhopur ('the ADM', fort short), challenging the allotment letter dated 16.05.2000 as well as the decision of Administration Committee dated 30.01.2002.

(2.) THE ADM, vide order dated 26.11.2002, accepted the petitioner's revision and set aside the allotment letter dated 16.05.2000 and the decision of the Administration Committee. Meanwhile, respondent No.3, Trilok Chand moved an application before the Gram Panchayat and the Gram Panchayat in its meeting held on 20.11.2004 decided to allot the land to Trilok Chand. Vide letter dated 16.01.2005, the land was allotted to Trilok Chand. Since the land was allotted to Trilok Chand, the petitioner again filed a revision petition before the Court of ADM challenging the decision of the Gram Panchayat dated 20.11.2004 and the allotment letter dated 16.01.2005. However, vide judgment dated 09.09.2005, the petitioner's revision petition has been dismissed. Hence, this writ petition before this Court. Mr. Vijay Pathak, the learned counsel for the petitioner, has vehemently argued that the Rajasthan Gram Panchayat Rules, 1996 ('the Rules', for short) contain the procedure for sale of land by a Gram Panchayat. According to Rule 141 of the Rules, a land should be sold by Panchayat through auction unless there are "special reasons" for not doing so. However, in the present case, the land has not been sold through auction, but has been sold to an individual.

(3.) IT is equally a settled principle of law that in case a procedure has been prescribed by the law, the appropriate authority is legally bound to follow the procedure. In case, the authority were to deviate from the procedure, without any reasonable justification, its action would be arbitrary, unjust, unfair and unreasonable. Such action are bound to be struck down as violative of Article 14 of the Constitution of India. Chapter IX of the Rules deals with immovable properties. Rule 136 of the Rules clearly states that all common lands and public streets together with pavements, stones and other material thereof as well as all Government lands lying within the Abadi of the Panchayat Circle, shall vest in and belong to a Panchayat. Rule 136(3) of the Rules clearly states that all the properties mentioned in Sub-secs. (1) and (2) shall be under the direction, management and control of the Panchyat and shall be held by it as a trustee for the purposes of this Act. Thus, the Panchayat is supposed to act as a trustee i.e., to protect and to promote the interest of the people. According to Rule 140 the words "Abadi Land" means nazul and land lying within the inhabited areas of a Panchayat Circle which vests or has been vested in or has been placed at the disposal of a Panchyat by or under an order of the State Government.