GOPAL KRISHAN VYAS, J. - (1.) IN this writ petition, the petitioners have prayed for quashing impugned order Annex. -2 dt. 26.04.2007 and auction notice Annex. -3 dt. 08.08.2007 passed by the Addl. District Collector, Pali and Gram Panchayat Mundara Tehsil Bali (District Pali).
(2.) ACCORDING to the facts of the case, a revision petition was filed by the petitioners under Section 97 of the Panchayat Raj Act, 1994 and the same was decided by the Addl. District Collector, Pali against the respondents and patta issued in favour of respondent No. 2 by the Gram Panchayat Mundara under Rule 158 of the Panchayati Raj Rules, 1996 was cancelled. The petitioners are claiming their right on the basis of their old possession, therefore, the petitioners are challenging the order of the Addl. Collector, Pali to the extent of passing the order for auction of the land vide order dt. 26.04.2007, Annex. -2. The main contention of the learned Counsel for the petitioners is that the Addl. District Collector has exceeded his jurisdiction while passing the order for auction of the land because the revision petition was filed by the petitioners under Section 97 for cancellation of the patta issued in favour of respondent No. 2 and the matter was to be adjudicated upon with regard only to the prayer of the petitioners for quashing the patta issued in favour of respondent No. 2. But, while accepting the revision petition filed by the petitioners, though the learned Addl. District Collector cancelled the patta issued in favour of respondent No. 2 by the respondent Gram Panchayat; but, further, passed order for auctioning the said land, therefore, now there is no opportunity left to the petitioners to apply for regularization of the land in accorance with Rule 157 of the Rajasthan Panchayati Raj Rules, 1996.
(3.) FURTHER , it is submitted by learned Counsel for the petitioners that against the dispossession of the petitioners, a civil suit was filed by them which is still pending, therefore, in view of Rule 161 (1) of the Rules of 1996, no auction can be made by the Gram Panchayat because the dispute is pending in the civil Court. Learned Counsel for the petitioner submits that the impugned order passed by the Addl. District Collector, Pali upon the revision petition filed by the petitioners under Section 97 is correct only to the extent of quashing and cancelling the patta issued in favour of respondent No. 2; but, further part of the order for auctioning the land is totally unwarranted and without jurisdiction, therefore, the said part of the order may be quashed and set aside while maintaining the adjudication made by the Addl. District Collector with regard to cancellation of the patta.;