NARAYAN ROY, MUNISHWAR NATH BHANDARI
Panna Lal – Appellant
Versus
Smt. Sushila Devi – Respondent
The appeal challenges a single judge's judgment dated 3.12.2005 upholding the Additional Collector's dismissal of a revision petition under Section 97 of the Rajasthan Panchayati Raj Act, 1994, filed against a Panchayat Samiti's land allotment order. (!) [17000229920001]
The revision petition before the Additional Collector was dismissed on merits and due to delay; the writ petition against it was also dismissed after considering all issues. [17000229920001]
During the appeal hearing, the court questioned the maintainability of the revision under Section 97 before the Collector, noting that such revisions lie only before the Government, and a specific appeal remedy exists under Section 61 of the Act read with Rule 166 of the Rajasthan Panchayati Raj Rules, 1996, for land allotments. [17000229920002]
Appellant relied on a 1996 government notification under Section 38 of the Act delegating revision powers under Section 97 to the Divisional Commissioner (for Collector orders except under Section 97) and to the Collector in other cases, arguing it enabled the Additional Collector to entertain the revision. [17000229920003] (!) [17000229920004]
Respondent argued that the specific appeal provision under Section 61 and Rule 166 (appeal to Panchayat Samiti against Gram Panchayat orders on land sales/transfers/allotments under Rules 154, 156-160) barred direct revision under Section 97 before the Collector. [17000229920005][170002299200
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