1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R (1) S.B. CIVIL WRIT PETITION NO.2056/2007 (Bhairu Singh & Ors. Vs. State & Ors.) (2) S.B. CIVIL WRIT PETITION NO.6395/2008 (Lekh Raj Vs. State & Ors.) Date of order :: 05.12.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.R.S. Shekhawat ] Mr.Rohitash Singh ] for the petitioners in (S.B.C.W.P.No.2056/07). Mr.Vivek Shrimali, for petitioner in (S.B.C.W.P.No.66395/2008). Mr.Deelip Kawadia, for the respondents. Heard learned counsel for the parties. The main prayer of petitioners is that respondents are illegally dispossessing them from the shops in question without following the procedure provided under the Rajasthan Panchayati Rules, 1996. The petitioners are in possession of the shops in question as tenants and according to Rule 164(4) of the Rules of 1996 Sarpanch has no jurisdiction to issue any notice for eviction of the petitioners from the shops in question. I have perused Rule 164 of the Rajasthan Panchayati Raj Rules, 1996 which reads as under:- 2 “164. Letting out of Panchayati Raj Building and Shops.- (1) Any Panchayati Raj Institution may let out their buildings to government offices, bank, post officers etc. on rent not less than the rates assessed by the competent officer of Public Works Department. (2) Shops and other commercial sites be leased out for not more than three years and only through open auction by Committee consisting of 3 members, as under : (a) Chief Executive Officer, Accounts Officer and one member of Zila Parishad nominated by Pramukh for buildings of Zila Parishad. (b) Vikas Adhikari, Accountant and one Member of Panchayat Samiti nominated by Pradhan for immovable properties of Panchayat Samiti. (c) Committee as per Rule 151 at the Panchayat Level. (3) The agreements for leasing out such premises on rent shall include the condition of 10% increase of rental amount every years. (4) In case the premises are not vacated after three years time limit, or it is sub-let to some other persons in violation of terms of agreement or rent is not deposited regularly, Chief Executive officer shall get the premises vacated after giving show cause notice for eviction of premises, if requested by concerned Panchayat or Panchayat Samiti. (5) Panchayat and Panchayat Samiti may also negotiate the matter for extending the terms of three years but in such case yearly increase in rent shall be 20% amount every year by mutual agreement.” Upon perusal of the above provision, it is obvious that for the purpose of eviction from the 3 shops in question, respondents are required to follow aforesaid procedure and Chief Executive Officer of Zila Parishad, Udaipur is the competent authority to take action for eviction upon request as per Rule 164 (4) of the Rules of 1996 by the concerned Gram Panchayat. In this view of the matter, these writ petitions are disposed of with the direction that before eviction from the shops in question, the respondents shall follow the procedure laid down under Rule 164 of the Rajasthan Panchayati Raj Rules, 1996. Learned counsel for the petitioner submits that proposal have already been made by Gram Panchayat to the Chief Executive Officer of Zila Parishad, Udaipur as per Rules of 164(4) of the Rules of 1996. If it is so, then Chief Executive Officer of Zila Prishad, Udipuar may proceed with the matter in accordance with law. Till then, petitioners shall not be dispossessed from the shops in question. (GOPAL KRISHAN VYAS), J. A.K. Chouhan/- A.K. Chouhan/-