- (1.) The petitioner has preferred this writ petition by praying the following reliefs:- a. by an appropriate writ order or direction, the auction of the land in question to the nonpetitioner nos.4 and 5 by the Gram PanchayatPakka Saranan vide resolution no.3 of the proceedings of Gram Panchayat dt.6.9.86 (Annex-5) may kindly be quashed and set aside and if any Patta (Sale-Deed) has been issued by the Gram Panchayat in pursuance to (Annex.-5) that may also be set-aside. b. by an appropriate writ order or direction, the judgment dt.21.3.2001 (Annex.-8) passed by the Addl. Collector, Hanumangarh may kindly be quashed and set-aside. c. by an appropriate writ, order or direction, the non-petitioner nos.4 and 5 may kindly be restrained from raising the construction on the plot in question adjoining to the west side of the plot no.8-90/1 which is a public way, the circular road of village - Pakka Saranan. d. any other appropriate writ, order or direction, which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. e. writ petition filed by the petitioner may kindly be allowed with costs."
(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.;