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2022 Supreme(Raj) 1967

AKIL ABDUL HAMID KURESHI, REKHA BORANA
Khusal Singh – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Malam Singh Rajpurohit, Advocate, for the Appellant

JUDGMENT

Rekha Borana, J. - The present appeal has been filed against the order dated 14.01.2020 passed by learned Single Judge whereby the writ petition of the petitioner-appellant challenging the order dated 20.09.2007 quashing his patta had been dismissed.

2. Counsel for the appellant has submitted that in terms of Section 97 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as, "the Act of 1994"), Collector was the only authority authorized to exercise the power of revision in terms of notification dated 13.12.2001 issued by the State Government. In the present matter the revisional order under challenge has been passed by the Additional Collector which, in terms of Section 97 of the Act of 1994, is beyond his jurisdiction.

3. Section 2 (vi) of the Act of 1994 reads as under:

      ""Collector" means Collector of a District and includes Additional Collector."

      4. A bare perusal of the above provision makes it clear that in terms of law, an Additional Collector can exercise the same rights as exercised by a Collector and vide notification dated 13.12.2004 the said power has been delegated by the State Government. As held by the learned Single Judge, the power of revisional

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