SHYAM SUNDER Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) By this common order we are deciding DB Civil Special Appeal (Writ) No.374/2001, 712/2010 and 293/2011 for the reason that DB Civil Special Appeal (Writ) No. 712/2010 Abhay Singh Vs. State of Rajasthan arose out of SBCW Petition No. 5702/2007 which has been decided by the learned Single Judge in detail and SB Civil Writ Petition No.5796/2007 Shyam Sunder Vs. State of Rajasthan out of which DB Civil Special Appeal (Writ) No.374/2011 and SB Civil Writ Petition No.5799/2007 of Bhanwroo Ram Vs. State of Rajasthan & Ors. out of which DB Civil Special Appeal (Writ) No.293/2011 were decided by the learned Single Judge in terms of the detailed order passed in SB Civil Writ Petition No.5799/2007 Bhanwroo Ram Vs. State of Rajasthan & Ors.

(2.) All the three appellants were admittedly the tenant of the Gram Panchayat Ramdeora and the cases of all the appellants are that they have filed an application for the purchase of land of which they are tenant and the Gram Panchayat, Ramdeora proceeded to make the sale in accordance with the Rajasthan Panchayat Rules 1996 (hereinafter referred to as 'the Rules'), but the State Government imposed restriction on the sale and when permission was sought by the Gram Panchayat the State Government directed that the Gram Panchayat cannot sale the land which is given on rent under rule 156 of the Rules , for the reason that the Ramdeora Temple is an important Religious place of the State. Further, the State Government directed the Gram Panchayat that the restriction shall remain till any plan is formulated by the Gram Panchayat.

(3.) The respondents, while filing the reply before the learned Single Judge, contested the matter and the learned Single Judge vide the above orders, dismissed the writ petitions of all the three appellants.