(1.) The instant writ petition has been filed for setting-aside the impugned orders dated 6-5-87 and 1-6-87, by which the revision of the contesting respondents had been allowed by the Revisional Authority and the review application of the petitioners has been rejected.
(2.) The facts and circumstances giving rise to this case are that one Labhu Ram, who was petitioner No. 3 before this Court but had died during pendency of this petition, and father of petitioners Nos. 1 and 2 and predecessor in interest, had made an application for allotment of land measuring about 258 square yards situate adjacent to his cote ("Bara") claiming that he was using it for last several decades. One Chel Giri a brother of Basti Giri, non-petitioner No. 4, raised objection on the application filed by Shri Labhu Ram. His objections were over-ruled by the Gram Panchayat and a Patta was granted in favour of Shri Labhu Ram. Being aggrieved and dissatisfied, an appeal was preferred before the Panchayat Samiti, Bilara by Shri Basti Giri, respondent No. 4, and the Panchayat Samiti, Bilara, modified the conditions of grant of Patta. Being aggrieved and dissatisfied by imposing certain conditions by the Panchayat Samiti, Shri Labhu Ram preferred a revision before the District Collector, Jodhpur, which was disposed of vide order dated 21-8-68 (Annexure P. 1). By the said order, the allotment of Patta by the Gram Panchayat as well as the appellate order of the Panchayat Samiti were quashed and certain directions were issued to the Gram Panchayat to reconsider the case. After reconsidering, allotment was made in favour of Shri Labhu Ram and his sons, petitioners Nos. 1 and 2, on 29-4-69 (Annexure P. 4). Contesting respondents preferred a revision under S. 27-A of the Rajasthan Panchayat Act, 1953 (for short, "the Act, 1953") in 1987, i.e. after eighteen years of the allotment. The same has been allowed by the impugned order dated 6-5-87 (Annexure P. 5). Review application against the said order, preferred by the petitioners, has been rejected vide order dated 1-6-87 (Annexure P. 6). Hence this petition.
(3.) The Authority rejected the review application on the ground that in absence of the provisions for review under the Act, the same was not maintainable. Thus, so far as the order in review application is concerned, no fault can be found with it as it is settled proposition of law that review is a creation of Statute and in absence of any provision for review, the Authority cannot entertain the review application and pass any order thereon.
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