1. - Heard learned counsel for the parties.

2. This writ petition is directed against resolution No.8 resolved by the Panchayat Samiti, Hanumangarh in its general meeting held on 29.6.1996. The Panchayat Samiti, Hanumangarh by the aforesaid resolution resolved to allot certain piece of land to respondents No.4 to 7 in Khasra No.183 and 185 in village Jorkian. The resolution No.8 referred above was taken in pursuance of an order dated 6.9.1994 passed by the Additional Secretary (Enquiries) Department of Rural Development cum Panchayat Raj, Government of Rajasthan, Jaipur.

3. The facts in brief necessary for adjudication of present writ petition are that the Gram Panchayat, Jorkian exercising powers under Rule 267 of Rajasthan Panchayat General Rules, 1961 by resolution dated 29.9.1990 allotted plot No.185/5, 185/6, 185/4 and 185/2 to the respondents Jagdish S/o Himmata Ram, Sita Ram s/o Om Prakash, Lekh Ram S/o Himmta Ram and Nirana Ram S/o Himmta Ram respectively. A challenge was given by the petitioner to aforesaid allotment made by Gram Panchayat by way of filing an appeal before Panchayat Samiti, Hanumangarh. Panchayat Samiti, Hanumangarh by its order dated 27.5.1991 accepted the appeal and set aside the allotment made in favour of the respondents named above.

4. The respondents No.4 to 7 being dissatisfied by the order passed by the Panchayat Samiti, Hanumangarh dated 27.5.1991, preferred a revision petition under Rule 272 of Rajasthan Panchayat Rules, 1961 before the Collector, Hanumangarh. The Collector, Hanumangarh by its order dated 1.9.1994 dismissed the revision petition and affirmed the order dated 27.5.1991 passed by the Panchayat Samiti, Hanumangarh.

5. It appears that Shri Sultana Ram, former Sarpanch of Gram Panchayat, Jorkian was subjected to disciplinary enquiry under Rule 21 of the Rules of 1961. The Director cum Special Secretary to the Government of Rajasthan by the order dated 6.9.1994 exonerated former Sarpanch Shri Sultana Ram from the allegations levelled against him with regard to irregularities in allotment of land in Khasra No.183 and 185 in village, Jorkian. The Director cum Special Secretary, Department of Rural Development cum Panchayat Raj, Government of Rajasthan by the order dated 6.9.1994 while exonerating former Sarpanch Shri Sultana Ram also made an order to allot the land in Khasra No.183 and 185 whereon the allottees belonging to Harijan community were having possession. The respondents No.4 to 7 though, not party to the proceedings before the State Government, immediately obtained a copy of the order passed by the State Government and filed a review petition before the Collector, Hanumangarh on 7.9.1994. The review petition filed on 7.9.1994 came to be rejected by the order of Collector, Hanumangarh on 8.9.1994.

6. After rejection of the review petition, a civil suit was filed by the respondents No.4 to 7 before the Court of Additional Civil Judge (J.D.), Hanumangarh seeking a permanent injunction for not to dispossess them from the land in question. In the said suit, the petitioner was not impleaded as party defendant, therefore, an application was preferred by the present petitioner in the suit to become party to the proceedings. An application was also filed by the Vikas Adhikari, Panchayat Samiti, Hanumangarh under Order 7 Rule 11 CPC for rejection of the suit itself on account of non giving of notice as required under Section 109 of CPC. The suit preferred by the respondents No.4 to 7 was dismissed by the trial Court as withdrawn.

7. After withdrawal of the suit, the Panchayat Samiti, Hanumangarh by the resolution No.8 dated 29.6.1996 resolved to allot plots situated in Khasra No.183 and 185 to the allottees those are respondents No.4 to 7 in pursuance of the order passed by the Director cum Special Secretary to the Government of Rajasthan, Department of Rural Development cum Panchayat Raj, Jaipur on 6.9.1994. Hence, this writ petition is preferred by the petitioner challenging th