RAJENDRA SAXENA, J. - (1.) HEARD .
(2.) THE petitioners have challenged the legality and validity of the order dated 25.4.85 (Annex. 5) passed by the Collector Bikaner (respondents No. 1) whereby he has quashed the sale of plot of land No. E/25 situated in Kanta Khaturia Colony, Shivbari made by the Gram Panchayat, Shivbari, respondent No. 2 in favour of Manish Chawala, respondent No. 3. Succinctly stated the relevant facts are that respondent No. 2 auctioned certain residential plots situated in the Abadi area of Gram Panchayat, Shivbari in May, 1971 and the disputed plot was purchased by the respondents No. 3. The said Gram Panchayat executed the sale -deed dated 17.5.71 (Annex. 1) in favour of respondent No. 3. The respondent No. 3 transferred his right pertaining to the western side of the disputed plot in favour of petitioner No. 2 through a registered sale -deed dated 20.7.81 (Annex. 3). He also sold the eastern side of the disputed plot to one Nirmala Devi through a registered sale -deed dated 20.7.81. Thereafter, Smt. Nirmala Devi Also transferred her rights in respect of the disputed plot in favour of petitioner No. 1 through a registered sale -deed dated 17.2.86 (Annex. 4). It is alleged that the petitioners have been in continuous possession of the disputed plot. The respondent No. 1 issued a notice to Shri Manish Chawla under Section 27(a) of the Rajasthan Panchayat Act, 1953 (in short, 'the Act') read with Rule 272 of the Rajasthan Panchayat and Nyaya Panchayat General Rules, 1961. However, respondent No. 3 did not care to appear before the respondent No. 1. Thereupon, respondent No. 1 by his impugned order dated 25.4.1989 (Annex. 5) cancelled the sale -deed (Anex. 1) executed by the Gram Panchayat. Hence, this writ petition.
(3.) DESPITE ample opportunities, no reply has been filed on behalf of respondents Nos. 1 and 2 controverting the allegations detailed in the writ petition. Non -petitioner No. 3 has preferred to remain absent despite sufficient service.;