The reasonable period of limitation, exercise of power within a reasonable time, and preservation of pasture land in the larger public interest were central legal principles established in the judgment.

JUDGMENT

1. In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, lawyers have been advised to refrain from coming to the Courts.

2. Learned counsel for the petitioners, at the outset, has drawn the attention of this Court towards the order dated 23.10.2008 passed by this Hon'ble Court, individually in all these petitions, whereby the petitions were dismissed; the operative portion of the said order dated 23.10.2008 reads as under:

"In my opinion, if no record was maintained with regard to the auction proceedings by the Panchayat, then it can be said that whole proceedings were illegal, therefore, the finding given by the District Collector in the order dated 12.08.2008 does not require interference. Accordingly, the writ petition is dismissed."

However, learned counsel furnished before this Court the order dated 02.05.2018 passed by a Division Bench of this Hon'ble Court in S.A.W. Nos.1041/2008, 1044/2008, 1042/2008, 1139/2008, 1043/2008 & 1100/2008 arising out of the present writ petitions i.e. S.B. C. W.P. Nos.8423/2008, 8511/2008, 8512/2008, 8519/2008, 8542/2008 & 8543/2008, respectively. Learned counsel further submits that vide the said order, the Hon'ble Division Bench, while disposing of the aforementioned appeals and restoring the present petitions, issued a direction for deciding the same afresh on merits.

The operative portion of the said order dated 02.05.2018 reads as under:

"11. In our opinion the learned Single Judge ought to have looked into the material placed by the writ petitioners before the District Collector Chittorgarh who was the Revisional Authority and keeping in view that the revision was filed after 24 years the effect of the time period qua the Panchayat was not being able to produce the relevant record and evidence had to be weighted.

12. The appeals are disposed of setting aside the impugned order dated 23.10.2008. The writ petitions filed by the appellant-writ petitioners are restored, to be decided by the learned Single Judge afresh on merits."

3. Thereafter, learned counsel for the petitioners submits that in SBCWP Nos.8511/2008, 8512/2008, 8519/2008 & 8542/2008, this Hon'ble Court had passed the following interim order on 12.07.2018 (SBCWP No.8511/2008):

"The matter has been listed before this court pursuant to directions given by Hon'ble Division Bench of this Court vide order dated 02.05.2018. The Hon'bleDivision Bench has directed the court to reconsider the controversy in detail and decide the writ petitions on merits.

Let notices be issued to the respondents. Mr. Manish Patel accepts notice on behalf of all the respondents and prays for time to complete instructions. Thus, notice need not be issued. In the meantime, status quo shall be maintained regarding disputed land in question. Henceforth the name of Mr. Manish Patel be shown in the cause list.

List after six weeks.

Connect with S.B. Civil Writ Petition Nos.8512/2008, 8519/2008 & 8542/2008."

Learned counsel thus, prays that the aforequoted interim order may also be passed in the remaining petitions i.e. SBCWP No.8423/2008 & 8543/2008.

However, looking to the fact that the present petitions pertained to the year 2008, this Court instead of making any interim adjudication, as prayed by learned counsel for the petitioner, deems it appropriate to decide the matter finally.

4. In the aforesaid backdrop and the fact that since all these petitions involve a common controversy, therefore, with the consent of learned counsel for the parties, the same have been heard together and are being decided by this common judgment.

5. For the purpose of the present adjudication, the prayer clauses and the facts are being taken from SBCWP No.8423/2008, while treating the same as lead case.

6. These writ petitions have been preferred claiming, in sum and substance, the following reliefs:

"I. by an appropriate writ, order or direction the order dated 12.8.2008 (Annex.9) passed by the respondent No.2 in Revision-Panchayat No. 15/200