1 D.B. CIVIL SPECIAL APPEAL (W) NO.458/2009 Prabhu Singh Vs. State of Rajasthan & Ors. Date of Order :: 13-01-2010 HON'BLE THE CHIEF JUSTICE MR. JAGDISH BHALLA HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. R.S. Saluja, for the appellant. The petitioner-appellant, by filing a revision petition under Section 97 of the Rajasthan Panchayati Raj Act, 1994 ( 'the Act'/ 'the Act of 1994') questioned the sale of a plot of land as made by the Gram Panchayat, Balesar Satta in favour of the private respondent Bhanwar Lal on 10.5.1983 essentially on the grounds that the sale was made without due compliance of the requirement of Rules 255 to 265 of the then existing Rajasthan Panchayat and Nyaya Panchayat (General) Rules, 1961; and that the Gram Panchayat had attempted to carry out the sale transaction on the ancestral land of the petitioner. The learned revisional authority, the Additional Collector (I), Jodhpur proceeded to reject the revision petition by the order dated 10.6.2008 essentially with the observations that the same had been filed after about 25 years without showing any reason for such an inordinate delay and the fact of the matter was that regarding the same land there had been civil litigation between the cousin of the petitioner and the private respondent. Aggrieved by the order so passed by the revisional authority on 10.6.2008, the petitioner preferred the writ petition (CWP No.4943/2008) in this Court while taking the grounds that with insertion of Section 97A in the Act of 1994, wherein the appeal has been provided to the Zila Parishad, the revisional authority was lacking jurisdiction to deal with the revision petition under Section 97 of the Act. It appears that such a 2 contention was also advanced in another writ petition (CWP No.5441/2008) and the same was rejected by the learned Single Judge of this Court by the order dated 7.1.2009. Following the said order dated 7.1.2009 as passed in CWP No.5441/2008, the learned Single Judge proceeded to reject the writ petition filed by the present petitioner (CWP No.4943/2008) on 25.2.2009. We may point out that so far the order dated 7.1.2009 as passed in CWP No.5441/2008 is concerned, the same was sought to be questioned in another intra-court appeal, being SAW No.439/2009; but the said appeal has been separately considered by this Court today and therein, the counsel for the appellant made submissions for not pressing with liberty to file review petition; and we have dismissed the said appeal as not pressed with liberty as prayed. However, so far the present appeal is concerned, after having heard the counsel for the appellant and after having examined the material placed on record with reference to the law applicable, we find no ground to interfere. The insertion of Section 97A in the Act of 1994 by the Amendment Act 9 of 2000 has not been of any substitution of the provisions of revision as contained in Section 97; and providing of an appeal to the Zila Parishad against the order of the Panchayat Samiti is hardly of any adverse effect on the jurisdiction of the revisional authority under Section 97 of the Act of 1994. In the present case, the revisional jurisdiction was invoked by the petitioner himself; and the revisional authority has dealt with the revision petition in accordance with law. We find no ground for interference in the order as passed by the learned revisional authority. Accordingly, this appeal does not merit admission; and stands dismissed summarily. [DINESH MAHESHWARI],J. [JAGDISH BHALLA], CJ. Praveen