S.K.MAL LODHA, J. - (1.) THESE three writ petitions, under Articles 226 and 226 of the Constitution, raise common questions for determination and are, therefore, disposed of by a common order.
(2.) IT will be convenient lo notice the facts leading to the filing of S.B Civil Writ Petition No. 469/19/9. Ten petitioners have filed this joint writ petition. The State of Rajasthan, Chairman, Rajasthan Gramdan Board, the Collector, Banswara and the Chairman Gramsabha, Padola, Tehsil Bagidora, District Banswara have been impleaded as respondents No. 1,2 3 and 4 respectvely The petitioners have tought that the declaration (Annexure -1), the order Annexure -2) of conformation of the Chairman of the Rajasthan Gramdan Board and the declaration (Annexure B) of the Collector, Banswira may be quashed. The case of the petitioners is that the objection was filed before the Chairman of the Rajasthan Gramdan Board. Rajasthan relating to village Padola under Section 9 of the Rajasthan Gramdan Act (Act No XII of 1971), hereinafter referred to as the 'Act',) that no declaration given by any person under Section 9 of the Act was found on the file, that no proper publication and investigation as required under Section 19 of the Act read with rr 7 and 8 of the Rajasthan Gramdan Rules, 1971 (for short 'the Rules' hereafter) were made by the Chairman, and that after receipt of the report from the Chairman, the Collector declared village Padola of Tehsil Bagidora vide order (Anx 8) dated July 18,1978 as Gramdan village. According to the petitioners, the declaration of the village Padola as Gramdan village was mads in disregard of Sections 8,10 and 11 of the Act and the Rules made thereunder. The petitioners have, therefore, prayed for the reliefs mentioned above.
(3.) A show cause notice was issued to the respondents. In pursuance of which, reply to it was filed on behalf of respondents No. along with documents. In the reply, respondent No. 2 has raised the following preliminary objections (1) that the writ petition is belated, for, declaration was made on July 18,1978 and it was filed on February 24,979. (8) that the writ petition is not properly constituted (4) that the questions raised by the petitioners are complicated, which cannot be conveniently examined in the writ proceeings and, (4) that the petitioners are guilty of making false statements in the writ petition and as they have not come with clean hands, it is liable to be dismissed : As regards merits of the writ petition, it was stated that the declaration of the village Padola as Gramdan village was made after following the procedure are laid down in Sections. 8,10 and 11 of the Act and the Rules made thereunder and, therefore, it was prayed in the reply that the writ petition should be dismissed.;