JUDGEMENT
B.S.CHAUHAN, J. -
(1.) THE instant writ petition has been filed against the impugned order dated 31.5.2000 (Annx. 2), by which the revision filed by the respondent has been allowed by the Additional District, Judge Chittorgarh.
(2.) THE facts and circumstances giving rise to this case are that the contesting respondent No. 4 filed a revision before respondent No. 2 that vide order dated 20.2.1988, the land has been allotted to the present petitioner without following the procedure required under the law. The Revisional Authority issued notice to the other parties and after hearing them, the revision has been allowed. Hence this petition.
Learned Revisional Authority recorded the following findings of facts.
(i) The original record of the Gram Panchayat was summoned. There was nothing on record to show that any proceeding in respect of the land in dispute had ever took place on 20.9.1987. (ii) No inquiry had been conducted prior to the allotment; (iii) The land could have been allotted without charges only to the persons belonging to Scheduled Caste/Scheduled Tribes, artisans or landless farmers for the purpose of residents. Petitioner did not belong to that category; (iv) There was nothing on record to show that the allottee had ever applied for allotment of the said land before Gram Sabha; (v) The allotment was in flagrant violation of the statutory requirements and, thus, liable to be quashed; and (vi) The Additional Collector was competent to entertain the revision as the definition of 'District Collector' included Additional Collector and the revisional power of the State Government under Section 97 had been delegated to the District Collector.
(3.) IN a limited jurisdiction of judicial review, the findings of facts recorded by the learned Revisional Authority do not require any interference.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.