PANCHA RAM & ORS. Vs. STATE OF RAJASTHAN & ORS.
LAWS(RAJ)-2005-3-98
HIGH COURT OF RAJASTHAN
Decided on March 01,2005

PANCHA RAM And ORS. Appellant
VERSUS
State of Rajasthan And Ors. Respondents

JUDGEMENT

Govind Mathur, J. - (1.) - By the instant writ petition a challenge is given by the petitioners to the order dated 27.11.1997 passed by the Additional Collector, Jodhpur in Revision Petition No. 259/1993 Pancha Ram & Ors. v. Gram Panchayat, Chadi and Ors . whereby the Additional Collector, Jodhpur while exercising the powers under Section 27-A of Rajasthan Panchayat Act, 1953 r/w Rule 272 of Rajasthan Panchayat Rules, 1961 rejected the revision petition preferred by the petitioners. A challenge is also given to the order dated 22.12.1999 passed by the Additional Collector-cum-Additional District Magistrate No. 2, Jodhpur refusing to review the order dated 27.11.1997.
(2.) The petitioners by way of filing a revision petition under Section 27-A of the Act of 1953 r/w Rule 272 of the Rules of 1961 challenged allotment of land by the Gram Panchayat, Chadi Chauthina in favour of Department of Police for the purpose of constructing a police chowki. The petitioner contended before the revisional authority that the land which was allotted to the police department is not an Abadi land and, therefore, the land could not be subjected to allotment under the Rules of 1961. The Addl. Collector rejected the revision petition preferred by the petitioners mainly on the count that the petitioners failed to establish that the land in dispute was not an Abadi Land. The Additional Collector also refused to exercise the revisional powers as the revision petition was filed after a lapse of 36 years from the date of allotment of land.
(3.) The contention of Counsel for the petitioner is that the learned Additional Collector while deciding the revision petition under Section 27-A of the Act of 1961 has not taken into consideration the report submitted by the Tehsildar under the directions given by the Additional Collector himself on 21.7.1995. A reply to the writ petition has been filed on behalf of the respondents stating therein that the land in dispute is part of Abadi land and also that the revision petition was filed by the petitioners after a gross delay and the same, therefore, was rightly rejected by the Additional Collector.;


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