1993 Supreme(Raj) 495
RAJASTHAN HIGH COURT AT JAIPUR BENCH
G.S.Singhvi, J.
Kanhaiya Lal & Ors. - Appellants
Versus
Addl. Collector, Kota & ors. - Respondents
S.B. Civil Writ Petition No. 5291 of 1992.
Decided On : 16-03-1993
The Gram Panchayat must follow the procedure prescribed in Rules 255 to 266 of the Rajasthan Panchayat (General) Rules, 1961, while making allotments of land.
Headnote:
ALLOTMENT OF LAND - JURISDICTION OF ADDITIONAL COLLECTOR - REVISION PETITION - LOCUS STANDI - PROCEDURE FOR ALLOTMENT OF LAND - RAJASTHAN TENANCY ACT, 1955 - RAJASTHAN TENANCY (GOVERNMENT) RULES, 1955 - RAJASTHAN PANCHAYAT (GENERAL) RULES, 1961.
Fact of the Case:
Petitioners challenged the order of Additional Collector, Kota, setting aside the allotment of land made in their favor by Gram Panchayat. Petitioners claimed that they were agriculturists and in possession of the land for more than ten years. They submitted applications to Gram Panchayat for allotment of land, which was approved by Panchayat Samiti. Respondent No.2 filed a Revision Petition before the Additional Collector, who set aside the allotment.
Finding of the Court:
The Court found that the Additional Collector had jurisdiction to entertain the Revision Petitions filed by respondent No.2. The Court also found that respondent No.2 had locus standi to file the Revision Petitions as a villager of village Budhadit. The Court further found that the Gram Panchayat had not followed the procedure prescribed in Rules 255 to 266 of the Rajasthan Panchayat (General) Rules, 1961, while making the impugned allotments. The Court also found that the Panchayat Samiti had acted without application of mind in approving the allotment made by Gram Panchayat Budhadit.
Issues: 1. Whether the Additional Collector had jurisdiction to entertain the Revision Petitions filed by respondent No.2? 2. Whether respondent No.2 had locus standi to file the Revision Petitions? 3. Whether the Gram Panchayat had followed the procedure prescribed in Rules 255 to 266 of the Rajasthan Panchayat (General) Rules, 1961, while making the impugned allotments? 4. Whether the Panchayat Samiti had acted without application of mind in approving the allotment made by Gram Panchayat Budhadit?
Ratio Decidendi: 1. The Additional Collector had jurisdiction to entertain the Revision Petitions filed by respondent No.2 under Section 27A of the Rajasthan Tenancy Act, 1953, or even under rule 272 of the Rajasthan Panchayat (General) Rules, 1961. 2. Respondent No.2 had locus standi to file the Revision Petitions as a villager of village Budhadit. 3. The Gram Panchayat had not followed the procedure prescribed in Rules 255 to 266 of the Rajasthan Panchayat (General) Rules, 1961, while making the impugned allotments. 4. The Panchayat Samiti had acted without application of mind in approving the allotment made by Gram Panchayat Budhadit.
Final Decision: The Court dismissed the writ petitions with costs of Rs.1,000/- payable by each of the petitioners except Mohan Lal, in favor of Gram Panchayat Budhadit. The Court also directed the State Government to hold an inquiry against the then sarpanch and Panchas of the Gram Panchayat as also the officers who became party for allotment of lands in favor of the petitioners and issue of pattas.
JUDGMENT
1. - Since all these Writ Petitions involve a challenge to the order dated 14.11.91 passed by the Additional Collector, Kota, which is more or less identical in all the cases and facts leading to the passing of the impugned order are also similar, these writ petitions are being disposed of by a common order.
2. For the purpose of appreciating the questions of law raised by the petitioners, it will be appropriate to refer to some facts.
3. In Writ Petition No.5291/91 Kanhaiya Lal v. The Additional Collector, Kota and others , it has been stated by the petitioner that he is an agriculturist by profession and he is in possession of land measuring 10x14 sq. feet in village Budhadit for more than ten years. Petitioner's father holds 50 bighas of land in village Budhadit. Petitioner has three real brothers and each brother has a share of 10 bighas of the said land. Father of the petitioner and his brothers are living separately and are cultivating the land of their shares separately. Petitioner has stated that he has raised a kachcha house on the piece of land measuring 10x14 sq.feet. On 31.7.90 he submitted an application to Gram Panchayat Budhadit for allotment of the aforesaid piece of land. On the basis of his application a site plan of the land in question was got prepared. Objections were invited and since no objection had been submitted by the villagers, Gram Panchayat Budhadit passed order for alloting the land to petitioner on 13.9.90 under Rule 267 of the Rajasthan Panchayat (General) Rules, 1961. This allotment was approved by the Panchayat Samiti Sultanpur vide its resolution dated 28.5.91. Against the order of allotment of the land made in favour of the petitioner, respondent No.2 filed a Revision Petition before the Additional Collector, Kota and the Additional Collector has set aside this allotment by his order dated 14.11.91. The petitioner has assailed this order on the ground of lack of jurisdiction of the Additional Collector, non-application of mind and an error of law apparent on the face of record.
4. In Writ Petition No 5292/92 Lokesh Kumar v. The Additional Collector, Kota and others , the petitioner has stated that he is a resident of village Budhadit. He is in possession of land measuring 10x15 sq.feet for last more than 18 years. His father holds land measuring 50 bighas in the said village. He has got three brothers including Kanhaiya lal. Each brother separately cultivates his share of land. His brothers and father reside separately. He has constructed a kachcha house on the piece of land measuring 10x15 sq.feet. Other facts mentioned in this writ petition and grounds raised for challenging order dated 14.11.91 passed by the Additional Collector, Kota are similar to writ petition No.5291/92.
5. In Writ Petition No. 5293/92 Mohan lal v. The Additional Collector, Kota and others , the petitioner has stated that he is a resident of Budhadit. He is an agriculturist and cultivates the land in partnership or on 'munafa'. He has no house in village Budhadit and presently he is residing with his brother-in-law. He is a student in Government College, Kota. He is in possession of land measuring 20x10 sq.feet in village Budhadit for more than one year. He has constructed a kachcha house on the disputed land which is enclosed by thorny bushes. He has submitted an application on 11.9.90 for allotment of the land measuring 20x10 sq. feet outside village Budhadit. A site plan of the land in question was got prepared and objections were invited. Since no objection was submitted by the villagers, the Gram Panchayat passed order dated 13.9.90/15.10.90 under Rule 267 of 1961 Rules for allotment of land to the petitioner. This allotment has been confirmed by the Panchayat Samiti Sultanpur vide its resolution dated 28.5.91. On a Revision preferred by respondent No.2, the Additional Collector, Kota has set aside the allotment. Grounds of challenge raised in this writ petition are identical to those raised in other wri
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