Govind Mathur, J.—The petitioner, an elected Sarpanch of Gram Panchayat Chittar, has preferred this petition for writ to challenge the order dt. 23.01.2007 initiating an inquiry against him as per Rule 22(2) of the Rajasthan Panchayati Raj Rules, 1996 (hereinafter referred to as “the Rules of 1996”) and the order dt. 05.04.2007 placing him under suspension.

2. The contentions of the petitioner while challenging the orders aforesaid are that:-

(1) the petitioner is charged for the disgraceful conduct as he is said to be having possession over the government land, however, such possession over the land in question was not made by the petitioner but by his forefathers, hence he could not be held liable for any encroachment or trespass;

(2) the land which is said to be in possession of the petitioner as trespasser has already been regularised in favour of the petitioner, therefore, the misconduct alleged is having no foundation. Even if it is assumed that the land said to be in possession of the petitioner has not been regularised then too the same requires regularisation and in that regard a suit was already pending before the Assistant Collector, Jaitaran as prescribed under