JEEWAN KHAN Vs. PANCHAYAT SAMITI

JUDGEMENT

(1.) BY this writ petition under Article 226 and 227 of the Constitution of India, the petitioner has sought to quash the reauction notice (Ex. 6) dated March 21, 1980 issued by the Collector cum District Development Officer, Sri Ganganagar and the other reliefs.

(2.) THE facts leading to filing of this writ petition are as under: The Panchayat Samiti, Nohar (respondent No. 1) issued a notice (Ex. 1) for the auction of the lease hold rights or theka for collecting the bones for the year 1980 -81. A cyclostyled notice was also issued by the Collector cum District Development Officer, Sri Ganganagar (respondent No. 2) for auction of the leases for the collection of bones for the year 1980 -81 for 10 Panchayat Samities mentioned in it within their respective jurisdiction including that of the Panchayat Samiti, Nohar. It was stated in the notice (Ex.1 that the auction would be held at Zila Parishad Hall, Sri Ganganagar on March 5, 6 and 7, 1980 from 11 AM to 3 PM. The relevant conditions of notice Ex. 2), which are material for the purpose of this writ petition, have been reproduced by the petitioner in English. They are as follows:

(3.) ON behalf of the respondents, reply to the writ petition was filed on April 15,1980 contesting the writ petition. Alongwith the reply, copies of the application of one Gulam Khan (Ex. Rule 1), notings of the Collector (Ex. Rule 2) and the order dated December 27, 1969 of the Development Department, Government of Rajasthan were filed.