JUDGEMENT
JAGAT NARAYAN, J. -
(1.) IN these two writ petitions the same question of law arises for decision.
(2.) IN writ petition No. 476/62 Phoolchand respondent No. 4 filed an application to the Panchayat for permission to shift his latrine to the northern corner of his Chabutra. Before the permission was granted he constructed the latrine. On an objection by Poonamchand petitioner the Panchayat refused to grant the permission to Phoolchand to shift his latrine and ordered the demolition of the latrine which he had constructed without its permission. Phoolchand filed an appeal to the Panchayat Samiti against the order of the Panchayat. This appeal was heard by standing committee of the Panchayat Samiti which reversed the order of the Panchayat and granted permission to Phoolchand to shift his latrine. Against this order Poonamchand filed a revision application to the Collector under sec. 27a of the Panchayat Act. The Collector rejected it on the ground that a revision application lay against the order of the standing committee to the Panchayat Samiti under sec 21a of the Rajasthan Panchayat Samitis and Zila Parishads Act. IN writ petition No. 477/1962 Poonamchand petitioner applied for permission to construct a latrine. This permission was granted by the Panchayat and Poonamchand constructed his latrine. Phool Chand respondent No. 4 filed an appeal to the Panchayat Samiti which was heard by a standing committee of it, which reversed the order of the Panchayat and ordered the demolition of the latrine constructed by the petitioner. Against this order the petitioner filed a revision application to the Collector under sec. 27a of the Panchayat Act. He dismissed it on the ground that a revision application lay to the Panchayat Samiti under sec. 21a of the Panchayat Samitis and Zila Parishads Act.
Having heard the learned counsel for the parties I am satisfied that the order passed by the Collector is erroneous.
An appeal lies to the Panchayat Samiti against an administrative order of the Panchayat passed under sec. 26a (1 ). This appeal is heard by a standing committee of the Panchayat Samiti under sec. 26a (2 ). But the decision of the standing committee is deemed to be a decision of the Panchayat Samiti for all purposes under sec. 26a (4 ). It is quite clear that the Panchayat Samiti cannot revise its own orders. No revision application can therefore lie to the Panchayat Samiti against an order passed by a standing committee of the Panchayat Samiti under sec. 26a of the Panchyat Act. A perusal of the Panchayat Samitis Zila Parishads Act also goes to show that power is given under sec. 21a to a Panchayat Samiti to revise the decision of its standing committees which are made in exercise of the power conferred on them under sec. 20 of that Act. Sec. 20 does not make any mention of the appellate power exercised by a Panchayat Samiti. For that special provision is made only in the Panchayat Act.
I accordingly hold that a revision lies to the Collector under sec. 27a of the Panchayat Act against appellate decision of the standing committee of the Panchayat Samiti given under sec. 26a.
The writ petitions are accordingly allowed as indicated above. The deci sions of the Collector are set aside and the revision applications are remanded to him tor decision in accordance with law. The costs of these writ petitions shall abide the final result of the revision applications. .
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