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1978 Supreme(Raj) 70

Rajasthan High Court
Dwarka Prasad Gupta, J.
Onkar Chand - Appellant
Versus
State of Rajasthan - Respondents
S.B. Civil Writ Petition No. 399 of 1978
Decided On : July 14, 1978

Advocates Appeared:
M.M. Singhvi, for Petitioner; L.R. Mehta, for Respondents Nos. 3 and 4; M.D. Purohit, Additional Government Advocate

Headnote:Panchayat and Nyay Panchayat (General) Rules, R. 272 - State Government or delegated authority to act as quasi judicial authority—Order passed in revision without notice to party whose valuable right affected is violative of natural justice.

       

D.P. GUPTA, J.— In all these writ petitions common questions of law and fact arise and it would be convenient to dispose of the same by a common order.

2. In village Chohtan, situated in District Barmer of the State of Rajas than, certain plots of land were sold by private negotiations by the Gram Pan-chayat, Chohtan to various persons including the petitioners, who were the purchasers in respect of one plot each. It appears that some complaints were made to the State Government that Shri Bhagwan Das, who was formerly the Sarpanch of the Gram Panchayat, Chohtan acting in collusion with certain officers of the State Government, caused the disputed plots of land of considerable value to be sold to the members of his family, relatives and other persons close to him and irregular sale deeds were executed in respect of the sale of such plots of land and possession over such plots was also delivered to the respective purchasers. The complaints were referred to the Collector, Barmer, who appears to have got an enquiry made into the matter by the Deputy District Development Officer, Barmer. The Collector, Barmer came to the conclusion, as a result of the preliminary enquiry, that Bhagwan Das, Former Sarpanch of the Gram Panchayat, Chohtan got the aforesaid plots of land sold by private negotiation to some persons who got sale deeds executed irregularly and the purchasers were also put into unlawful possession over such plots of land. There upon, acting under the provisions of R 272 of the Rajasthan Panchayat and Nyay Panchayat (General) Rules, 1961 (hereinafter referred to as "the Rules"), the Collector, Barmer, by his order dated 3/5 June, 1978 set aside all the sales made by the Gram Panchayat, Chohtan through the former Sarpanch, Bhagwandas, including the sales made in favour of the petitioners and directed the Sarpanch of the Gram Panchayat, Chohtan to take possession of all the said plots of land He also directed the Sarpanch to take the assistance of the police force, in case the purchasers resisted the recovery of possession from them.

3. The petitioners feeling aggrieved against the aforesaid order passed by the Collector, Barmer dated 3/5 June, 1978, have approached this Court by means of separate writ petitions. The foremost contention of the learned counsel for the petitioner is that the impugned order was passed by the Collector in utter disregard of the principles of natural justice and without affording an opportunity of hearing to any one of the petitioners. It is alleged by the petitioners that they are purchasers for value of the land and valuable rights were created in such lands in favour of the respective petitioner on account of payments of sale price and execution of proper sale deeds in respect thereof under the provisions of Rule 271 of the Rules and that petitioners were in lawful possession of the plots of land in question. The contention of the learned counsel for the petitioners is that the Collector, Barmer had no jurisdiction or authority to interfere with the peaceful enjoyment of the plots of land by the petitioners without hearing them in the matter and that in some of the cases, the respective petitioners have already raised valuable constructions on the plots of land sold to them by the Gram Panchayat, Chohtan several years ago.

4. Learned Government Advocate was directed to produce the records of the proceedings before the Collector, Barmer in these matters, for the perusal of the Court. I have gone through the records, which have been produced by the learned Additional Government Advocate before this Court and it appears therefrom that some complaints were made to the State Government that Bhagwandas, former Sarpanch of the Gram Panchayat, Chohtan, had made irregular sales of plots of land to the members of his family or near relatives and to persons close to him and that such persons were also given unlawful possession of the plots of land in question. The State Government thereupon sent all such com










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