JAGAT NARAYAN, J.

( 1 ) THIS is a petition under Article 226 of the Constitution challenging the validity of an order of the State Government under Section 285 of the Rajasthan Municipalities Act 1959 setting aside the sale of a plot of Nazul land situated within the Municipality of Merta to the petitioner.

( 2 ) nazul land as defined under Section 3 (1) (b) of the Rajasthan Land Revenue act 1956 means abadi land within the limits of the municipality or a panchayat circle or a village, town or city, vesting in the State Government. Such land is sold in accordance with the provisions of the Rajasthan Land Revenue Act 1958 or the rules made thereunder. Section 97 provides that in all cases where there are more than one applicant for the same piece of land it shall be sold to the highest bidder at a public auction. This is subject to the following provisions :

(i) it shall be open to the Collector to refuse the highest bid for reasons to be recorded;

(ii) small strips of lands adjoining existing buildings shall with the previous sanction of the Sub-Divisional Officer, be given at the rates fixed under Sub-sections (i) and (ii) of Section 96; and

(iii) auctions under this secti