MASTANA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE 13 writ petitions involve common question of facts and law. I have, therefore, accepted joint request of learned Counsel for the parties that they should be decided by a common judgment.

(2.) ALL the petitioners are residents of village Dholipal of Ganga -nagar District. Gram Panchayat Dholipal is functioning under the provisions of Rajasthan Panchayat Act, 1953 (hereinafter referred to as the 'Act'). It prepared a lay out plan for the development of Abadi (and of village Dholipal and this plan was approved in a general meeting of entire village of Dholipal on April 15, 1972. After its lay out plan was approved by the Gram Panchayat, the Panchayat Samid also recommended for its approval. The Patwari and the Tehsildar concerned sent similar recommendation. The Government of Rajasthan (Panchayat and Development Department) by their letter dated 19th September, 1972 accorded their sanction to the lay out plan as submitted by Gram Panchayat, Dholipal. A direction was further given that it should be sold in accordance with the provisions of rules 256 to 264 of the Rajasthan Panchayat and Nyaya (General) Rules, 1961, (hereinafter referred to as the 'Rules'). An auction was held and all these petitioners who were the highest bidders, purchased the plots of land. After their bids were accepted by the Gram Panchayat die amount was deposited and sale was confirmed in favour of the petitioners by the Gram Panchayat. Pattas were also issued to all the petitioners and possession was handed over to them.

(3.) AFTER six years, the respondent No. 2, Collector, Sriganganagar cancelled all these sales of land by its order dated December 5, 1978.