Arun Bhansali, J. - (1.) The Writ Petition has been filed by the petitioners aggrieved against the Judgment dated 28.11.2014 passed by the Additional District Collector, Nohar ('the Collector'), whereby the Revision Petition filed by the Respondent Nos. 3 and 4 has been allowed and Patta Nos. 106, 107 and 108 dated 21.12.2004 issued by the Gram Panchayat, Jogiwala have been cancelled.
(2.) The land in question admeasuring 1 Bigha 4 Biswa situated at Chak No. 11 JGW Khasra No. 250 was recorded as public land int he revenue records. The Gram Panchayat, Jogiwala during the campaign 'Prashashan Gaon ke Sangh' submitted an application for getting the land in question converted for residential purpose, which was converted as residential by Order dated 1.1.2002. It is claimed that in the meeting of Gram Panchayat dated 20.8.2004, a proposal to placed to bifurcate the converted land into plots and auction the same; in the meeting, it was decided that the land may be birfurcated into 6 plots; 3 plots may be reserved for Panchayat Bhawan, Anganwari Bhawan and Veterinary Hospital respectively and remaining 3 plots be put to auction. It is further claimed that pursuant to the above resolution, a notice (Annexure 5) was issued by the Gram Panchayat on 20.9.2004 seeking objections regarding the proposed auction, wherein no objections were received. In meeting dated 20.10.2004, it was decided by the Gram Panchayat to hold the auction on the next day i.e. 21.10.2004 and on 21.10.2004, the plots were auctioned to the petitioners for a sum of Rs.5,300/- Rs. 5,100/- and Rs.5,000/- respectively; where after, the Pattas for the said plots were issued on 20.12.2004.
(3.) The present proceedings under Section 97 of the Rajasthan Panchayati Raj Act, 1994 ('the Act') were initiated by Respondents No. 3 and 4, wherein it was, inter alia, contended that the land in question has been auctioned in a clandestine manner. The mandatory provisions of the Act and the Rules have not been followed and, therefore, the patta issued in favour of the petitioners may be cancelled. Along with Revision Petition, an application seeking condonation of delay was filed, it was claimed that the applicants were not aware of the issuance of Pattas, when the plots were sought to be utilised, then the applicants came to know about the same and, therefore, prayed for condoning the delay.;