RAM KUMAR DHAKA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this writ petition by praying the following reliefs:-

(2.) The brief facts of the case are that one Krishna Kumar S/o Devi Lal has filed a revision petition under Section 97 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as the "Act of 1994") before the Additional District Collector, Hanumangarh while challenging the resolution No.3 dated 6.9.1986 (Annex.5) passed by the Gram Panchayat, Pakka Sarana, wherein a decision was taken to sell sq. ft. of strip land (khancha bhumi) (hereinafter ro be referred as plot in question) to the respondents No.4 and 5.

(3.) The claim of Krishan Kanwar was that plot sold to respondents No.4 and 5 forms part of a circular road of village Pakka Sarana, which is also known as "Phirni" in the local language and as per the provisions of law, the land which forms part of public way, cannot be sold by the Gram Panchayat and the action of the Gram Panchayat is without jurisdiction and, therefore, the resolution No.3 dated 6.9.1986 of the Gram Panchayat Pakka Sarana is liable to be cancelled.