PRAVEEN KUMAR Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THIS writ petition is directed against order dt. 06.07.1996 passed by the District Collector, Udaipur whereby invoking the power under Order XXXIX Rule 2A of the Civil Procedure Code, 1908 (in short "CPC" hereinafter) the petitioner has been directed to pay a sum of Rs. 500/ - as compensation to the respondent No. 2 for alleged disobedience of stay order dt. 24.02.1996 passed by the District Collector, Udaipur in the proceedings under Section 27A of the Rajasthan Panchayat Act, 1953 (in short "the Act of 1953" hereinafter) directing the parties to maintain status quo regarding the land in question.

(2.) IN revenue village Sukher, some abadi plots were auctioned by Gram Panchayat, Bhuvana. One Shri Shyam Lal S/o Mohan Lal Chitara purchased a plot on 06.02.1983 for consideration of Rs. 7,500/ -. Shri Shyam Lal sold the said plot to the petitioner herein by way of registered sale deed. The respondent No. 2 filed a complaint before the District Collector, Udaipur stating therein that the plot in question forms part of the public way, therefore, the allotment made deserved to be cancelled. The complaint was registered by the District Collector, Udaipur as revision petition under Section 27 A of the Act of 1953 read with Rule 272 of Rajasthan Panchayat General Rules, 1961. On 24.02.1996, the District Collector issued an ex parte interim order addressed to the Tehsildar, Girwa directed him to ensure that status quo is maintained by both the parties with regard to the disputed plot.

(3.) AFTER due consideration of the rival submissions, the District Collector found the petitioners guilty of violation of the interim order and accordingly, invoking the power under Order XXXIX Rule 2 A the petitioners have been directed to pay a sum of Rs. 500/ - as compensation to the respondent No. 2. Hence, this petition.