Bapana, C. J. - (1.) THIS is a petition under Art. 226 of the Constitution.
(2.) THE case of the petitioner is that a certain open land 100 ft. x 50 ft. marked "c" in Chak No. 12 B. B. Tehsil Padampur was sold by the Tehsil by an auction and knocked down in the name of the petitioner who was the highest bidder on 16. 3. 1953. THEreafter, the Gram Panchayat came to be establised at 5 K. K. This Gram Panchayat accepted the bid of the petitioner on 1. 2. 1957 and the petitioner deposed the sale price. It was alleged that one Bachan Singh who is respondent No. 3 made an application to the Tehsil Panchayat praying that the land be given to him, whereupon the Tehsil Panchayat by order of the 3rd of November, 1957, cancelled the auction sale in the name of Sher Singh and sanctioned the allotment of the same to Bachan Singh. Sher Singh has come to this Court and it is urged on his behalf that the interference by Tehsil, Panchayat was unauthorised. Learned counsel for the respondent supported the interference of the Tehsil Panchayat by reference to sec. 58 (6) of the Rajasthan Panchayat Act, 1953. The section is as follows - " (6) A Tehsil Panchayat shall exercise general supervision over the affairs of all Panchayats established within the local limits of its jurisdiction and shall also hear appeals from all or any of the decrees, sentences decisions, orders and directions made by such Panchayat. " It is common ground between the parties that no appeal was filed and learned counsel for the respondent is forced to the position of supporting the order of Tehsil Panchayat by referring to the general supervisory powers of the Tehsil Panchayat. It may be stated at once that the general supervisory powers can be invoked only in rare cases. It is an abuse of the powers to set aside the decisions and orders of the subordinate jurisdiction where an appeal is not filed and a revision is also not availed of. Learned counsel for the respondent next contended that the sale by the Gram Panchayat was in contravention of rule 37-A of the Rules framed under sec. 89 and published in the Rajpatra dated 17. 9. 1955 in respect of sales of land by Gram Panchayats. The Tehsil Panchayat did not purport to say that any rule had been controverted. If the respondent has any grievance on this score, he can approach the Gram Panchayat. As the matter stands, the interference by the Tehsil Panchayat was without jurisdiction. The petition is, therefore, allowed and the order of the Tehsil Panchayat dated 3. 11. 1957 set aside. The petitioner will get his costs from Bachan Singh. .;