REDARAM Vs. BHOOPRAM

JUDGEMENT

(1.) This case has been referred to Full Bench for answering the following questions posed by learned Judges constituting a division bench:

(2.) Before discussing the points which arise for determination, it would be proper to set out briefly the facts which have given rise to this reference.

(3.) Petitioner Reda Ram presented an application to the Grain Panchayat, Satdidi (Tehsil Padampur district Ganganagar) for the purchase of plot No. 19 at 29 B. B. in Tehsil Padampur. Non-petitioner No. 1 Bhoopram also made an application for the same plot. The Gram Panchayat allowed the petitioner's application and allotted the said plot to him and rejected the non-petitioner's application on 74-57. Aggrieved by this order, non-petitioner No. 1 presented an appeal to non- petitioner No. 2, i.e., Tehsil Panchayat, Padampur. This appeal was allowed on 23-1-58. The appellate authority cancelled the allotment which was in favour of the petitioner and allotted the same plot to non-petitioner No. 1. The petitioner, thereupon, filed a writ application in this Court on 10-3-58 and challenged the jurisdiction of the Tehsil Panchayat to entertain and decide the appeal. The writ petition came for hearing before the learned Chief Justice in Single Bench. It was urged on behalf of the petitioner that the Tehsil Panchayat had no jurisdiction to sit in appeal over the executive or administrative orders passed by the Gram Panchayat and that the view taken by a division bench of this Court in ILR (1958) 8 Raj 1119 to the effect that Section 58(6) of the Panchayat Act confers powers of appeal upon the Tehsil Panchayat from all orders, decisions and directions made by the Gram Panchayat even in its administrative capacity was wrong. It was also urged that Section 58(6) of the Act did not provide for any period of limitation and that even if the Tehsil Panchayat had powers to hear the appeal, the period of limitation provided under Section 57 should have been taken to be the period intended for such appeals also. It was contended that if Section 57 was applicable, the appeal was beyond limitation, and that the Tehsil Panchayat had no jurisdiction to decide the appeal on merits. It was observed by the Hon'ble Chief Justice that "the decision in ILR (1958) 8 Raj 1119 requires reconsideration on the question whether the orders mentioned in Section 58(6) of the Act refer to judicial orders or to orders of every character passed even in administrative or executive capacity by the Gram Panchayat". The second question regarding limitation was also considered to be one of great importance and therefore, it was considered that the matter should be decided by a larger bench. The case, thereafter, came before a division bench and the learned Judges were of the view that the questions involved were of considerable importance and should be decided by a Full Bench. They, therefore framed two questions which have been set out above.