AMITAVA ROY, J. - (1.) THE subject matter of challenge in the instant appeal is the judgment and order dated 23.7.2002 passed in S.B.Civil Writ Petition No.1927/2002 dismissing the impeachment of the order dated 14.5.2002 passed by the Additional Collector, Jalore.
(2.) WE have heard Mr.Paramveer Singh, learned counsel for the appellant and Dr.R.S.D.Rajpurohit, learned counsel for the respondents no.4 and 5. Filtering out the unnecessary details, the facts unavoidably essential for the disposal of the appeal are that according to appellant, he was in possession of plot of land bearing survey no.390 situated in Kanwalanadi Colony, Ahore, which he got converted under the Rajasthan Land Conversion Rules, 1981 vide order dated 14.1.1983 of the Sub Divisional Magistrate, Jalore. He, thereafter, constructed houses over it. That soon thereafter, the original respondent no.4 (since deceased) and the respondent no.5 trespassed upon the land comprising a path way belonging to him by constructing pillars thereon. These respondents, however, lodged a false complaint before the jurisdictional Gram Panchayat, which issued a notice to him. Eventually, the Gram Panchayat, Ahore by its order dated 12.7.1996 directed him to remove the encroachment on the way allegedly made by him on the southern side of his house. On appeal by him, the jurisdictional Panchayat Samiti reversed this finding of the Gram Panchayat. Being aggrieved, the respondents no.4 and 5 filed a revision petition before the Additional Collector, Jalore, who by his order dated 14.5.2002 restored the verdict of the Gram Panchayat, Ahore.
(3.) IT was contended before the learned Single Judge that the Panchayat Samiti, as a final forum of facts, having rightly interfered with the decision of the Gram Panchayat, Ahore on an appropriate analysis of the attendant facts and circumstances, the Additional Collector, Jalore, as the revisional court, ought not to have reversed this determination on a re-appreciation of the evidence on record. It was alleged as well that the Gram Panchayat had no jurisdiction to examine the complaint of alleged trespass by the appellant- writ-petitioner as made by the respondents no.4 and 5.;