Arun Bhansali, J. - (1.) THIS writ petition has been filed by the petitioners aggrieved against order dated 01.04.1997 (Annexure -19) passed by the State Government, notices dated 29.05.1991 (Annexure -16) and 20.12.1995 (Annexure -17) issued by the State Government and for quashing of the proceedings pending pursuance to the notices.
(2.) THE matter in question has got a chequered history; in the writ petition it is, inter alia, claimed that petitioners owned certain pieces of land in various Chaks in undivided District Sri Ganganagar; they were Khatedar -tenants of the lands falling in the said Chaks; during the settlement operations, Khatedars surrendered their holdings in exchange of other lands by orders of the competent authority; the Collector, Sri Ganganagar cancelled the exchange granted by the competent authority by his orders dated 14.10.1977 and 16.10.1977; the orders were challenged by the petitioners by filing separate writ petitions, which were allowed vide orders dated 12.07.1978 on the ground of violation of principles of natural justice. The Collector issued notices on 02.08.1978 proposing to cancel the Khatedari rights and exchange of land granted to the petitioners; the notices were challenged by petitioners by filing revision petition before the Board of Revenue, Ajmer ('the Board'); the Board by its judgment dated 09.05.1984 allowed the revision petition; the State Government filed review petition against the order dated 09.05.1984, which was rejected by the Board on 21.06.1988.
(3.) IT is claimed that in view of the fact that the notices issued by the Collector were set aside, the petitioners were entitled to allotment of lands, which were given to them in exchange, therefore, the petitioners applied to the Collector, but having failed in their attempts to get the lands allotted, they moved an application to the State Government and the State Government by order dated 14.05.1986 directed the Collector to allot the lands to the petitioners in accordance with law; whereafter, several attempts were made by the petitioners and orders were passed by the State Government in this regard; however, when the lands were not allotted to the petitioners pursuant to the order dated 14.05.1986, the petitioners filed writ petition for implementation of the order passed by the State Government; the writ petition was allowed on 16.03.1990 and it was directed as under: - - "In the result, this writ petition is allowed, the respondents are directed to implement the order Annex. 2 within a period of four months from today. However, in implementing the order Annex. 2, it is abundantly made clear that it has no relation to the allotment that has to be made u/s. 13 A of the Rules of 1975. The State Govt. is however free to take any suitable action which is permitted to them according to law against the petitioners on account of the alleged perpetuation of fraud by them against the Government. This also disposes of the application filed by Mr. Acharya on behalf of certain persons for being impleaded as parties to the writ petition. That application is rejected in view of the clarification made in this order hereinabove.";