Sangeet Lodha, J. - (1.) THIS writ petition is directed against order dt. 24.12.1996 passed by the District Collector, Rajsamand, whereby the revision petition preferred by the respondent No. 4 under Section 27 A of the Rajasthan Panchayat Act, 1953 (in short "the Act of 1953" hereinafter), assailing the validity of patta of the plot measuring 8,000 sq. ft. comprising Arazi No. 1462 issued in favour of the petitioner by the respondent No. 2 Gram Panchayat, Khakharmala has been allowed and accordingly, the patta dt. 23.12.1989 issued in favour of the petitioner has been cancelled.
(2.) THE respondent No. 2 sold the plot in question to the petitioner for consideration a sum of Rs. 500/ - by way of auction and accordingly, the patta of the plot was issued in his favour. The validity of the patta was assailed by the respondent No. 4 before the Collector, Rajsamand, respondent No. 3 herein, by way of revision petition on the ground that the plot in question was part of the charnot land of the Gram Panchayat, which was got converted into Abadi land for allotment to the persons of lower echelons free of cost, however, the respondent No. 4 allotted 15 plots to such persons but the remaining land was sold by way of auction to the petitioner without following the procedure laid down under Rule 265 of Rajasthan Panchayat General Rules , 1961 (in short "the Rule of 1961" hereinafter). That apart, it was submitted that the land which was got converted from Charnot to Abadi for allotment to the persons belonging to lower echelons could not have been sold by the respondent No. 4 by way of auction to any other person. The defending the auction sale, it was submitted on behalf of the petitioner before the revisional authority that after allotment of plots to the persons belonging to lower echelons only remaining has been sold to the petitioner by way of auction, which cannot be faulted with. It was submitted that after the auction, the proceedings were sent for confirmation of the sale but since, no confirmation or refusal was received within a period of 30 days therefore, the Gram Panchayat was well within its jurisdiction to issue the patta on the basis of deemed approval.
(3.) THE respondent No. 4 herein, the Gram Panchayat, had taken stand before the revisional authority that the auction has not been carried out in accordance with law and the land got converted for allotment to the persons belonging to lower echelons has been sold by the Sarpanch/the Panch to his relatives.;