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Bhinwa Ram & Others v/s State of Rajasthan & Others

    Civil Writ Petition No. 12363 of 2011

    Decided On, 19 September 2011

    At, High Court of Rajasthan

    By, THE HONOURABLE MR. JUSTICE NARENDRA KUMAR JAIN-I

    For the Petitioners: Anoop Dhand, Advocate. For the Respondents: ---------



Judgment Text

1. Heard the learned counsel for petitioners.

2. Petitioners have preferred this writ petition challenging the order/resolution dated 16.06.2010 passed by the Gram Sabha, Panchayat Banuda, Panchayat Samiti Dataramgarh, Sikar and order/enquiry report dated 23.11.2010 (Annexure-12) passed by the Panchayat Samiti Dataramgarh, District Sikar.

3. As per sub-Section (1) of Section 97-A of The Rajasthan Panchayati Raj Act, 1994 (for short '

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;the Act of 1994'), a right has been given to aggrieved person to file an appeal against any direction of Panchayat Samiti to Zila Parishad within thirty days and under sub-Section (2) of Section 97-A of the Act of 1994, a further right has been given for appeal against the order of Zila Parishad before the Divisional Commissioner within thirty days.

4. Apart from above, there is power of revision and review by the Government under Section 97 of the Act of 1994. Sections 97 and 97-A of the Act of The Rajasthan Panchayati Raj Act, 1994 are reproduced as under:-

"97. Power of revision and review by Government : (1) The State Government may, either of its own motion or on an application from any person interested, call for and examine the record of a Panchayati Raj Institution or of a Standing Committee or sub-committee thereof in respect of any proceedings to satisfy itself as to the correctness, legality or propriety of any decision or order passed therein or as to the regularity of such proceedings and, if in any case, it appears to the State Government that any such decision or order should be modified, annulled, reversed or remitted for reconsideration, it may pass orders accordingly :

Provided that the State Government shall not pas any order prejudicial to any party unless such party has a reasonable opportunity of being heard in the matter.

(2) The State Government may stay the execution of any such decision or order prejudicial to any party, pending the exercise of its powers under sub-section (1) in respect thereof.

(3) The State Government may, of its own motion or on an application received from any person interested, at any time, within ninety days of the passing of an order under sub-section (1), review any such order if it was passed by it under any mistake, whether of fact or of law, or in ignorance of any material fact. The provisions contained in the proviso to sub-section (1) and in sub-section (2) shall apply to a proceeding under this sub-section.

[97-A. Appeals : (1) Any person aggrieved by any order or direction of a Panchayat Samiti, made or issued under this Act or under any rule made thereunder may appeal against the order or direction given to the Zila Parishad having jurisdiction within thirty days from the date of such order or direction and the time taken in obtaining a copy thereof shall be excluded in computing the said period.

(2) Any person aggrieved by any order or direction of a Zila Parishad made or issued under this Act or under any rule made thereunder may appeal against the order or direction given to the Divisional Commissioner having jurisdiction within thirty days from the date of such order or direction and the time taken in obtaining a copy thereof shall be excluded in computing the said period.]"

5. Admittedly, petitioners have preferred this writ petition challenging the impugned orders without availing alternative remedy available by way of appeal or revision or review petition, therefore, the present writ petition is liable to be dismissed on this ground.

6. Apart from above, writ petition is also liable to be dismissed on the ground of delay. Impugned orders were passed on 16.06.2010 and 23.11.2010, whereas present writ petition was filed on 06.09.2011.

7. So far as order dated 16.06.2010 is concerned, the writ petition is filed after a delay of about fifteen months and against enquiry report/order dated 23.11.2010, it is filed after a delay of more than ten months. Although, no period of limitation is prescribed for filing writ petition under Articles 226 and 227 of the Constitution of India, but it is settled law that writ petition should be preferred as early as possible. Petitioners have not mentioned a single word explaining the delay of ten to fifteen months in filing the writ petition. In these circumstances, the writ petition is liable to be dismissed on the ground of delay/latches also.

8. In view of above discussions, the writ petition is dismissed on the ground of availability of alternative remedy and delay/latches in filing the writ petition.

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