Mohan Lal vs Distt. Collector and Others

Bhargava, J.—As per the facts mentioned in the writ petition, non-petitioner No. 3 Laxmi Narain had filed an application before the Gram Panchayat, Khilchipur on 20-9-87 seeking permission for raising permanent construction to which the petitioner had objected but the Gram Panchayat granted permission vide order dated 1-5-88 (Annexure 4). The petitioner preferred a revision petition u/s 27-A of the Rajasthan Panchayat Act, 1953 but the same was dismissed on the ground that no revision lies as the petitioner should have filed an appeal u/s 26-A of the Act, and it is against this order passed on the revision petition that the present writ petition has been filed.

I have heard learned counsel for the parties. Learned counsel for the petitioner submits that u/s 21 of the Rajasthan Panchayat Act, 1953, particularly u/s 21(8), the Panchayat can deal with the construction of new building and since Section 21 falls under Chapter II of the Act of 1953, no appeal is maintainable u/s 26-A and only revision is maintainable u/s 27-A of the Act. On the other hand, learned counsel for the respondents has submitted that Chapter II of the Act of 1953 deals with the establishment and constitution of Panchayat and Chapter III deals with the powers, duties, functions and administration of Panchayats and it is u/s 24 of the Act read with IIIrd Schedule Item No. 1(p) that the Panchayat deals with such matters and therefore, appeal is maintainable u/s 26-A.

I have given my thoughtful consideration to the whole matter. In my opinion, the contention of the learned counsel for the petitioner has to be rejected because Chapter III of the Act of 1953 deals with the establishment and constitution of Panchayats and Section 21 deals only with the conduct of business as to what type of business a Panchayat is expected to conduct and transact. Powers, duties, functions and the administration of Panchayat is dealt with under Chapter III whereas u/s 24, it is the duty of the Panchayat to deal with matters falling in IIIrd Schedule. Item No. 1 (p) deals with the regulation of the construction of new buildings or construction or abolition of any existing building. Therefore, the order of the Panchayat granting permission dated 1-5-88 was passed u/s 24 of the Act and not u/s 21 of the Act of 1953 which is appealable order u/s 26-A and the revision petition is not maintainable u/s 27A of the Act.

Thus, I do not find any force in this writ petition. The writ petition is therefore dismissed without any order as to costs.