GORDHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) BRIEF facts of the case are that about 125 plots were sold by Gram Panchayat, Lathi by conducting auction during the period from 1. 10. 1983 to 8. 5. 1984. The Collector, Jaisalmer received certain complaints that the plots were sold by Gram Panchayat below the market rate and thereby loss has been caused to the Government. The Collector, Jaisalmer issued notice to Gram Panchayat, Lathi and examined the files of Gram Panchayat and cancelled the allotment of all 125 plots vide order dated 13. 8. 1984. The said order was challenged by way of two writ petitions namely, (1) S. B. Civil Writ Petition No. 801/1985 (Gordhan Ram and 65 Others vs. State of Rajasthan and Others) and (2) S. B. Civil Writ Petition No. 3001/1984 (Ramzan vs. State of Rajasthan and Others ). The writ petitions were heard together and by a common order dated 9. 12. 1986, this Court allowed the writ petitions and set aside the order of District Collector cancelling the sale of land in favour of auction purchasers on the ground that no opportunity of hearing was given to any of the auction purchasers by the Collector before passing the order dated 13. 8. 1984. This Court made it clear that it will be open for the Collector to initiate proceedings under Section 27 (A) of the Rajasthan Panchayat Act, 1953 (for short "the Act of 1953"), if he feels so advised.

(3.) THE petitioners, who are sixteen in number, have preferred the present writ petition to challenge the order dated 3. 6. 1993.