Bhagwan Lal vs State of Rajasthan - 2014 Supreme(Raj) 402

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2014 Supreme(Raj) 402

P.K.LOHRA
Bhagwan Lal – Appellant
Versus
State of Rajasthan – Respondent

Advocates Appeared
D.R. Bhandari, for Petitioner;
Manish Patel, for Respondents

Judgement Key Points

What is the scope of judicial review under Article 226 when a Gram Panchayat auction process allegedly violated mandatory rules and the revisional authority sets aside the auction? What is the legality and reasoning for exercising revisional jurisdiction under Section 27A of the Rajasthan Panchayati Raj Act 1953 read with Section 124(1) of the Act of 1994, especially after repeal of the older Act? What are the limits of delay or limitation in filing a revision petition where no period of limitation is prescribed, and should delay bar or permit interference in a writ petition challenging such revisional orders?

Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)

What is the scope of judicial review under Article 226 when a Gram Panchayat auction process allegedly violated mandatory rules and the revisional authority sets aside the auction?

What is the legality and reasoning for exercising revisional jurisdiction under Section 27A of the Rajasthan Panchayati Raj Act 1953 read with Section 124(1) of the Act of 1994, especially after repeal of the older Act?

What are the limits of delay or limitation in filing a revision petition where no period of limitation is prescribed, and should delay bar or permit interference in a writ petition challenging such revisional orders?

Hon'ble LOHRA, J.—Petitioner, Bhagwan Lal, by the instant writ petition has impugned the order dated 24th of December 1996 passed by the District Collector, Rajsamand, whereby sale of a piece of land measuring 100 x 80 at village Tikkad by Gram Panchayat Khakharmala to him on 30.01.1990 was annulled. The learned District Collector passed the said order on a revision petition of the fourth respondent under Section 27A of the Rajasthan Panchayati Raj Act 1953 read with Section 124(1) of the Panchayati Raj Act 1994 (for short, ‘Act of 1994’) taking note of violation of the mandatory provisions of Rule 262 to 265 contained under the Rajasthan Panchayat (General) Rules 1961 (for short, ‘Rules of 1961’).

2. The bare necessary facts, for the purpose of this writ petition are that Gram Panchayat, Khakharmala auctioned/allotted certain residential plots pursuant to its resolution dated 23rd of December 1989 and a plot measuring 100 x 80 was purchased by the petitioner at the cost of Rs.500. In the auction proceedings undertaken by the Gram Panchayat, in all 15 persons were sold plots of different denominations. Being aggrieved from the auction of plots, more precisely auction of plot in favo

Click Here to Read the rest of this document

2014 Supreme(Raj) 402

P.K.LOHRABhagwan Lal – AppellantVersusState of Rajasthan – Respondent

What is the scope of judicial review under Article 226 when a Gram Panchayat auction process allegedly violated mandatory rules and the revisional authority sets aside the auction?

What is the legality and reasoning for exercising revisional jurisdiction under Section 27A of the Rajasthan Panchayati Raj Act 1953 read with Section 124(1) of the Act of 1994, especially after repeal of the older Act?

What are the limits of delay or limitation in filing a revision petition where no period of limitation is prescribed, and should delay bar or permit interference in a writ petition challenging such revisional orders?

Cases Referred (7)

P.K.LOHRA
Bhagwan Lal – Appellant
Versus
State of Rajasthan – Respondent