Tehsildar, Urban Improvement Trust & Anr. vs. Ganga Bai Menariya th. LRs. & Ors. (SC)

Rajasthan Panchayati Raj Rules, 1961–Rule 266–Decree of permanent injunction by First Appellate Court–Sustainability–Stand of appellant-defendants that the lease deeds were executed in contravention of Rule 266–Only in certain specified situations, the land could be transferred by way of sale on private negotiation, namely where any person has a plausible claim of title to the land and auction may not be reasonable price or it may not be the convenient mode for disposal of land or where such course is regarded by the Panchayat necessary for the advancement of Scheduled Castes and Scheduled Tribes or other Backward Classes–Further, the possession of land should be more than 20 years but less than 42 years–Nothing on record to show that the due process was followed–Gram Panchayat was not impleaded as the party of suit–Impugned findings of First Appellate Court and High Court are liable to be set aside.