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Judgment
Precisely, the grievance of the petitioners in the present writ petition (PIL) is that the Panchayat Samiti Sankara constructed few shops which were
handed over to the Gram Panchayat, Gomat. The Sarpanch, Gram Panchayat, Gomat, unauthorizedly allotted the shops constructed to ten persons
including his own relatives on meagre rent of Rs. 1500/- per month without following the procedure laid down under Rule 164 of the Rajasthan
Panchayati Raj Rules, 1996 (“Rules of 1996â€).
As per the mandate of sub-rule (2) (c) of Rule 164 of the Rules of 1996, shops and other commercial sites could be leased out at the panchayat level
by the Committee constituted as per Rule 151 of the Rules of 1996 through open auction.
It is noticed that the persons who have been already allotted the shops are not before this Court. Moreover, as per the provisions of Section 97 of the
Rajasthan Panchayati Raj Act, 1994 (“Act of 1994â€), the State Government is empowered to 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 after examination, if it appears to the State Government that any such
decision or order be modified, annulled, reversed or remitted for reconsideration, it is empowered to pass appropriate order accordingly.
The power to be exercised under Section 97 of the Act of 1994 by the State Government stands delegated to the District Collector concerned and
therefore, the legality and propriety of the action of the Gram Panchayat, Gomat, in allotting the shops can be examined by the District Collector,
Jaisalmer appropriately.
Accordingly, the petition is disposed of with the direction to the District Collector, Jaisalmer to send for the record of Gram Panchayat, Gomat relating
to the allotment proceedings and pass appropriate order after due examination in conformity with the provisions of Section 97 of the Act of 1994
within a period of three months from the date of receipt of certified copy of this order. No order as to costs.