Alok Sharma, J. - (1.) THESE writ petitions challenge re -constitution/delimitation of panchayats under Sec. 101 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter 'the 1994 Act'). It has been submitted that the State Government in the exercise of its powers under Sec. 101(6) of the 1994 Act issued instructions under order dt. 11.7.2014 to all District Collectors regarding the procedure to be adopted for fresh delimitation of panchayats under Sec. 101 of the 1994 Act. Subsequent to the notification for commencement of the process of delimitation of panchayats, objections were filed by the petitioners. It has been submitted that the said objections have not been considered and the District Collector has not complied with the instructions issued in the circular dt. 11.07.2014 mandating hearing of the objectors before making recommendations to the Divisional Commissioner for onward communication to a Special Committee of three Ministers. And consequently the State Government is in the process of notifying newly delimited panchayats without consideration of the objections filed by the petitioners who are likely to be prejudicially affected by the arbitrary and illegal action of the respondents.
(2.) MR . Anurag Sharma, the learned Additional Advocate General appearing on behalf of Government, submits that these writ petitions are wholly premature and speculative and cannot sustain. He submits that the whole case set up by the petitioners with regard to the mandatory nature of the circular dt. 11.07.2014 requiring personal hearing is misplaced, inasmuch as the subsequent clarificatory circular dt. 21.07.2014 issued by the Government to all District Collector has been overlooked. Thereby it has been categorically stated that it is not mandatory to personally hear the objectors on the objections filed and the Collector was to use his discretion to determine if any of the objections filed required personal hearing. Counsel submits that there is no material on record that the process for delimitation/reconstitution of panchayats is or will be in contravention of the guidelines issued by the State Government for the purpose. The Additional Advocate General has emphasised the obvious that a writ petition is maintainable only if there is any contravention of legal or fundamental right, and that no such contravention is made out by the petitioners. However the Additional Advocate General has then fairly submitted, on instructions of Mr. R.K. Bhurriya, Deputy Legal Remembrancer, who is present in Court; that the objections of the petitioners appear to have been considered by the District Collectors as required under the guidelines issued by the State Government and there is no basis of any apprehension to the contrary. Heard learned counsel for the parties.
(3.) IT is well settled that a writ petition can be filed only on breach of legal or fundamental right. Contents of the writ petition indicates that they are speculative in nature founded upon apprehension without anything more of non consideration of their objections to the proposed delimitation of panchayats under Sec. 101 of the 1994 Act. Further in view of the clarificatory order/circular dt. 21.07.2014 no case on the ground of the petitioners not being heard personally on their objections by the Collector cannot be made out. Aside of above, taking note of the submission of Mr. Anurag Sharma, on instructions as recorded hereinabove, that the delimitation under Sec. 101 of the 1994 Act as of necessity will be done in accordance with the guidelines framed by the State Government, I find no merit in these petitions. Consequently, there is no scope for interference in the petitions by way of a writ of mandamus or otherwise as prayed for. Further in the event the delimitation of panchayats is vitiated for reasons of any legal lacuna or contravention of guidelines issued by the State Government under Sec. 101(6) of the 1994 Act, the petitioners, it goes without saying, shall be at liberty to avail their remedy as available in law, if at all. The petitions stands dismissed accordingly.;