BUDH SINGH Vs. JESHRAM SINGH

JUDGEMENT

(1.) THIS is a writ application by one Budhsingh under Art. 226 of the Constitution of India.

(2.) THE petitioner is a resident of 3-G, Chhoti, Tehsil Ganganagar. His case is that the plot No. 47 in Chak 3-G Chhoti was auctioned by the Tehsildar in his. favour on 6th May, 1947. THE petitioner being the highest bidder he deposited 25% of the amount of his bid, and he was declared to be the purchaser subject to the sanction of the Revenue Commissioner, Bikaner according to Rule 23 of the Rules for sale of Residential Sites in Urban Areas which were then prevalent in the former State of Bikaner. He proceeds to say that after the said auction the Tehsil dar submitted the papers for sanction to the competent authority but unfortunately no such sanction could be obtained before the merger of the Bikaner State with Rajasthan. On 28th August, 1961 the Collector, Ganganagar passed an order that the balance of the amount may be recovered from him and he may be put in possession of the land in dispute. THE petitioner accordingly deposited the balance with the Gram Panchayat, Chhoti on 31st August, 1961. Against the order of the Collector, Ganganagar dated the 28th August, 1961 the respondent No. 1 Shri Jeshram Singh filed an appeal before the Revenue Appellate Authority, Bikaner. That appeal was dismissed. THE respondent No. 1 thereafter filed a second appeal before the Board of Revenue. It was urged, by the respondent before the Board of Revenue that after the Rajasthan Panchayat Act, 1953 came into force, the power to sell the Abadi lands vested with the Gram Panchayat, and that the Collector could not sanction the auction of the land. THE Board of Revenue upheld this contention, allowed the appeal, set aside the orders of the Collector and the Revenue Appellate Authority and directed the Collector, Ganganagar to transfer the record to the Gram Panchayat for disposal according to law.