The Gram Panchayat's jurisdiction to deal with applications under Section 251(1) of the Rajasthan Tenancy Act is exclusive for a period of 45 days from the date of receipt of the application, after which the jurisdiction vests exclusively with the Tehsildar.

1. - This writ petition is directed against the judgment Annexure-4) dated 14-7-1988 passed by the Board of Revenue Rajasthan dismissing the revision petition filed by the petitioner against the order dated 23rd May, 1983 passed by the Additional Collector, Kota. By order dated 23rd May, 1983, the Additional Collector has upheld the order dated 25th December, 1982 passed by the Gram Panchayat, Mandap on an application submitted by Devlal respondent No. 4, Under Section 251(1) of the Rajasthan Tenancy Act, 1955 In the said application, the grievance of the applicant-respondent No. 4 was that his right of way to his field in Khasra No. 96 exists on the boundaries of Khasra Nos. 87 and 97 and the said passage had been illegally obstructed by the petitioner The Gram Panchayat by order (Annexure-1) dated 25th December, 1982 held that the respondent No. 4 was entitled to take his bullock-cart through a passage 8 feet wide on the boundaries of Khasra Nos. 87 & 97 & the petitioner was directed to remove the obstructions from the said passage.

2. The petitioner has challenged the validity of the said order passed by the Gram Panchayat which was upheld by the Additional Collector and the Board of Revenue on the ground that on the date of passing of the order (Annexure-1) dated 25th December, 1982 the Gram Panchayat had ceased to have its jurisdiction to deal with the matter and that the Tehsildar alone was competent to deal with the said application. In support of the aforesaid submission the petitioner has placed reliance on the Notification (Annexure-2) dated September 4, 1982 issued by the Government of Rajasthan in exercise of the powers conferred on it Under Section 260(1)(b) of the Land Revenue Act.

3. Notices were ordered to be issued requiring the respondents to show cause as to why the writ petition may not be admitted and allowed.

4. We have heard Shri K.K. Mehrish, the learned counsel for the petitioner, in support of the writ petition. The learned Addl. Government Advocate, appearing for respondents No. 2 and 5 has stated that since the interests of the State are not affected, be does not want to make any submissions.

5. Shri Mehrish has placed reliance on the Notification dated September 4, 1982 and has pointed out that by the said Notification, the Gram Panchayat is empowered to deal with the application submitted Under Section 251(1) of the Rajasthan Tenancy Act within a period of 45 days from the date of receipt of the application either directly, or through the Tehsildar and in a case where the Gram Panchayat has failed in disposing of the application within 45 days it ceases to have jurisdiction to deal with the matter and the Gram Panchayat is required to forward the application to the Tehsildar having jurisdiction to deal with the application and for disposing of the same. Shri Mehrish, has pointed out that in the present case, the application Under Section 251 of the Rajasthan Tenancy Act was submitted by respondent No. 4 on 30th October, 1982 and the order dated 25th December, 1982 was passed by the Gram Panchayat on the said application after expiry of the period of 45 days and that on the date of passing of the order dated 25th December, 1982, the Gram Panchayat had ceased to have jurisdiction to deal with the matter and the said application could (could not) be decided by the Gram Panchayat on 25th December, 1982.

6. In our opinion, the said contention of Shri Mehrish must be accepted because in view of the Notification dated September 4, 1982, the Gram Panchayat has the exclusive jurisdiction to deal with an application submitted Under Section 251(1) of the Rajasthan Tenancy Act for a period upto 45 days from the date of receipt of the said application and after the expiry of the said period of 45 days, the Gram Panchayat ceases to have the jurisdiction to deal with it and such application can be dealt with only by the Tehsildar having the jurisdiction. The order (Annexure-1) dated 25th December, 1982 passe