1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.1295/2008 (Raju Singh Vs. Distt. Collector & Ors.) Date of order : 21.02.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. K.C. Samdariya, for the petitioner. Heard learned counsel for the petitioner. By way of filing the present writ petition, the petitioner has challenged the order dated 29.1.2008 (Annexure-23) passed by District Collector, Pali upon the revision petition filed by the petitioner under Section 97 of the Rajasthan Panchayati Raj Act, 1994. Vide impugned order dated 29.1.2008, the District Collector, Pali has rejected the revision 2 petition filed by the petitioner on the ground of maintainability and observed that the allotments under challenge were made under Chief Minister Rozgar Yojana in which the procedure for allotment is provided and it is also provided under para 5.2 of the aforesaid scheme that if any irregularity is committed in making allotment for small shops (Kiyosk) then, appeal can be filed before the State Government. Therefore, the District Collector has refused to entertain the said revision petition filed by the petitioner under Section 97 of the Act of 1994 and held that the revision is not maintainable. Learned counsel for the petitioner vehemently argued that the said allotment has been made in the area which is situated inside the river and the said allotment cannot be made by Gram Panchayat. Further, it is submitted that all the proceedings for allotment has been undertaken by Gram Panchayat whereas in the order dated 25.6.2002, there is a provision for constitution of allotment committee for the purpose of allotment in which five members are required to be included namely Sarpanch, Up-sarpanch, Member of Zila Parishad, Members of Panchayat Samiti and Gram Sewak. According to the learned counsel for the petitioner, the whole proceedings undertaken for allotment is in contravention of the procedure laid down in the said order dated 25.6.2002 issued by the State Government for allotment. 3 I have perused the entire material placed on record, so also the pattas issued by Gram Panchayat under the Chief Minister Rozgar Yojana. Signatures upon the pattas are of Sarpanch, Up-sarpanch and Gram Sewak and the committee is said to be constituted for the purpose of allotment. The aforesaid persons are included as members of the Committee and further, it is observed that corum of the allotment committee will be three members of the Committee. Obvious, upon pattas, the signatures of three persons namely Sarpanch, Up-Sarpanch and Gram Sewak appears, therefore, apparently, it has been issued under the signatures on those persons, who were included as members of the allotment committee. Learned counsel for the petitioner further argued that the said resolution has been passed by the Gram Panchayat whereas a Committee was constituted. I am unable to understand that if any instruction is given by the Panchayaty Raj Department to the Gram Panchayat and for fair allotment, if any meeting is conducted in the premises of Panchayat Office, then how, it can be illegal. The requirement of procedure is that there must be five members and at the time of meeting, three members shall remain present. Obviously, three members were present and meeting was held in the Office of Gram Panchayat. 4 In the above circumstances, it cannot be said that any illegality has been committed in the procedure with regard to allotment of land in the bed of river area. In my opinion, when remedy of appeal is provided in the Scheme of Chief Minister Rozjar Yojana then obviously, the petitioner can avail the said remedy if any illegality is committed in making allotment. In my opinion, the District Collector has not committed any error while passing the impugned order and holding that revision petition is not maintainable under Section 97 of the Act of 1994 because specific remedy is available under the Scheme itself by way of filing appeal before the State Government. In these circumstances, I am not inclined to interfere in the matter. Accordingly, the writ petition is dismissed. However, if the petitioner has any grievance with regard to allotment of a particular land, then he is free to file appeal before the State Government as provided under the Scheme dated 25.6.2002 itself. (GOPAL KRISHAN VYAS), J. arun