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2005 DIGILAW 2950 (RAJ)

Prabhati Devi v. State of Raj.

2005-11-10

HARBANS LAL, SHIV KUMAR SHARMA

body2005
Honble SHARMA, J.—Instant special appeal impugns the judgment dated November 6, 2000 of learned Single Judge whereby the writ petition of the appellant was dismissed. (2). Learned counsel for the appellant contends that in the impugned order the learned Single Judge did not consider the submissions and summarily dismissed the writ petition. (3). Contextual facts depict that Panchayat Samiti Danta Ramgarh District Sikar passed the order dated October 22, 1996 under Rule 270(a) of Rajasthan Panchayat (General Rules) 1961 (for short 1961 Rules). Thereafter the respondents Nos. 5 & 6 approached the Additional Collector under Rule 270(b) and the learned Additional Collector Sikar set aside the order dated October 22, 1996 and allowed the appeal vide order dated March 25,1998. (4). Having analysed the provisions of Rule 270 of 1961 Rules, we find that on November 15, 1962 a notification came to be issued whereby the Revenue Appellate Authority was authorised under Rule 270(c) to hear the appeal against the order passed by Additional Collector under Rule 270(b) of 1961 Rules. We therefore direct the appellant the approach Revenue Appellate Authority under Rule 270(c) of 1961 Rules. (5). We are conscious of the fact that new Panchayat Act has come into force, but looking to the fact that the matter is governed by Rule 270 of 1961 Rules, we direct the Revenue Appellate Authority to decide the appeal after condoning the delay under Sections 5 and 14 of the Limitation Act on merits. (6). The special appeal stands disposed of as indicated above.