[2025:RJ-JP:24020] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.15521/2024 Shiv Dayal Sharma S/o Hari Shankar Sharma, Aged About 39 Years, R/o Shiv Colony, Kisan Marg, Barkat Nagar Jaipur. ----Petitioner Versus 1. The State Of Rajasthan, Through The Secretary, Government Of Rajasthan, Rural Development And Panchayati Raj Department, Secretariat, Jaipur (Raj.). 2. The Commissioner, Rural Development And Panchayati Raj Department, Secretariat, Jaipur (Raj.). 3. Gram Panchayat Geejgarh, Panchayat Samiti Sikraay, District Dausa, Through Sarpanch. ----Respondents For Petitioner(s) : Mr. Naman Pareek JUSTICE ANOOP KUMAR DHAND Order 01/07/2025 1. By way of filing this writ petition, a challenge has been led to the impugned order dated 23.07.2024 passed by Gram Panchayat, Geejgarh, Panchayat Samiti, Sikraay District Dausa by which certain shops have been put for auction. 2. Learned counsel for the petitioner submits that the aforesaid auction process has been conducted by the respondents in utter violation of the provisions contained under Rajasthan Panchayati Raj Rules, 1996 (for short “the Rules of 1996”), hence under these circumstances, interference of this Court is warranted. 3. In the considered opinion of this Court, the aforesaid order passed by the Panchayat Samiti is appealable under Section 61 of [2025:RJ-JP:24020] (2 of 2) [CW-15521/2024] the Rajasthan Panchayati Raj Act, 1994 (for short “the Act of 1994”) before the Panchayat Samiti having jurisdiction. 4. Without availing the alternative statutory remedy of filing an appeal before the statutory Appellate Authority under Section 61 of the Act of 1994, the petitioner has straightway approached this Court by way of filing this writ petition. 5. It is settled proposition of law that whenever alternative statutory remedy is available to a person, he cannot be allowed to bypass the jurisdiction of Appellate Authority. 6. On this count alone, the instant writ petition stands disposed of granting liberty to the petitioner to approach the appropriate authority by way of filing an appeal under Section 61 of the Act of 1994. 7. In case, any appeal is submitted by the petitioner before the Appellate Authority within a period of one month from today, the Appellate Authority is expected to hear and decide the same on its merits after affording opportunity of hearing to all the respective parties, expeditiously as early as possible, ignoring the period of limitation. 8. Stay application and all applications (pending, if any) also stand disposed of. (ANOOP KUMAR DHAND),J Karan/16