- (1.) This petition has been filed by the petitioner against the order dated 15-7-2010, passed by Additional District Collector, Sawai Madhopur, setting aside the regularization of a parcel of land measuring 34.6 ft. X 39 ft. made in favour of the petitioner by the Gram Panchayat Chauth ka Barwada (herein after 'Gram Panchayat'), and further issuing orders to Tehsildar Chauth ka Barwada to make an inquiry with regard to nature of land and also directing that in the event the land in question were to be found in the inquiry to be Abadi land within the jurisdiction of Gram Panchayat, the land be auctioned in accordance with the Rajasthan Panchayati Raj Rules, 1996 (herein after '1996 Rules'), and in the event the land were to be found in the ownership of the State Government, action for removal/ dispossession of encroachers thereupon be taken.
(2.) The case of the petitioner is that she was in possession over a piece of land since a long period of time (which is not defined), whereupon she applied for regularization under Rule 157 of the 1996 Rules to Gram Panchayat on or about 25-2-2008. It is submitted that on the petitioner's application, the Gram Panchayat obtained a spot report and on 26-2-2008 inspection of the site was made. Thereafter objections were invited from the general public vide notification in news-papers on 28-2-2009. Thereupon the Gram Panchayat on 5-12-2009 passed an order that a piece of land 34.6 ft. x 39 ft. aggregating 149.5 sq. yards be regularized in favour of the petitioner and a Patta be issued on payment of market price @ Rs.1620/- per sq. yard. as also other usual charges as per rules for issuing Pattas by the Gram Panchayat.
(3.) Learned counsel for the petitioner submits that the petitioner was aggrieved of the order dated 5-12-2009, passed by the Gram Panchayat to the extent of price to be charged for regularization of possession of the petitioner, and consequently a revision petition under Section 97 of Rajasthan Panchayat Raj Act, 1994 (herein after '1994 Act') was filed before the Additional District Collector Sawai Madhopur. It is submitted that the learned Additional District Collector Sawai Madhopur, after issuing notice and hearing arguments, exceeded his jurisdiction in setting aside the allotment dated 5-12-2009 to petitioner, while there being no challenge to the regularization and even while the revision petition was limited to the extent of a challenge to the price charged for regularization in accordance with Rule 157 of 1996 Rules. Vide impugned order dated 15-7-2010, the learned Additional District Collector set aside the order of regularization in favour of the petitioner and directed the Tehsildar Chauth ka Barwada to verify the nature of the land from the revenue record and in the event it was found that it was Abadi land in the jurisdiction of Gram Panchayat, dispose of the said land in accordance with the provision of 1996 Rules by way of auction as ordinarily warranted for disposal of immovable property as per Rule 141 of the 1996 Rules. Counsel for the petitioner submits that the impugned order dated 15-7-2010 passed by the Additional District Collector is wholly without jurisdiction, in as much as he has exceeded the scope of the revision petition and prayers therein and set aside the order of regularization. The order has also been impugned on grounds of perversity.;