JAIN, J.—This writ petition comes up today for the decision of two preliminary points raised by the respondents;—

(1) That it is a joint petition by 8 petitioners and is not maintainable in view of Rule 375 of the Rajasthan High Court Rules which was inserted on 9-10-1964 and in view of the decision of the Division Bench of this Court in Chandmal Naurat Mal vs. State of Rajasthan (1);

(2) The petitioner has concealed facts and the petitioner having not come with clean hands, the petition should be thrown out.

2. In village Dulmans, Tehsil Suratgarh, District Sri Ganganagar there is a temple of Thakurj which had a grant of Muafi lands in 6 PBS, Square Nos. 44 & 45 measuring 15 Bighas and 17 Biswas. These lands were in possession of one deceased Bhinya Ram, as a Pujari. The petitioner No. 1 Sheo Karan petitioners Nos. 4, 5, 6 and 7 are his legal representatives Beside this land, Bhinya Ram also had there 7 Bighas of Lagani land. After the resumption of Muafi land w.e.f. 1-1-59, though the deign was the Muafi holder, yet Bhinya Ram got an order in his favour from the Collector, Sriganganagar on 13-10-1959 that the land in question was his personal property under sec. 23(2) of the Land Reforms and Resumption of Jagirs Act, 1952. It was then entered as his khatc-dari land. The petitioners Nos 2 and 3, namely; Smt. Rami Devi W/o Shri Sheo Karan and Shri Sitaram S/o Sheo Karan purchased certain lands in tehsil Pilibanga in 7. PBN. These land were reserved for purposes of orchard and Mandi. Petitioner Nos. 2 and 3 were granted lands in exchange in 7 PBN itself. Deceased Bhinyaram also applied for exchange of land for the aforesaid Muafi and Lagani lands, Exchange was allowed to him and the said former Muafi land was put to auction and purchased by the petitioner No. 8 Balbir Singh. The said exchanges were sanctioned by the Deputy Colonisation Commissioner, Hanumangarh, on 20-4-1961.

3. The lands so sold by auction to the petitioner No. 8 were in fact in possession of one Ladhuram who had filed a suit in the court of the Assistant Collector, Hanumangarh against Bhinyaram that Bhinyaram became blind and his son Sheokaran had become a Patwari Therefore he was appointed a Pujari in 1949 50 and he has been cultivating the land in lieu of his services to the temple since Sheo Karan was a patwari, he managed a forged girdawari of the disputed land in his favour and thus it was entered in the khatedari of Bhinyaram. Ladhuram prayed for a declaration that the land should be declared as of his khatedar Ladhuram also obtained an injection from that court against his dispossession on 23-7-1960 Appeal and Revision against the injunction were also dismissed The suit has had a chaquered carear and is still pending. Sheo Karan filed this petition and got the suit stayed on the basis that a writ petition has been filed in the matter in this court. In this writ petition he had also applied for the stay, but that was ultimately rejected,

4. In the revision proceedings against the order of the Deputy Colonisation Commissioner allowing expanses of land, Shri Manphool Singh, Minister of State put up a note on 21 3 1970 before the Minister concerned about this matter. His view was that the exchange allowed in favour of Bhinyaram, his son and members of his family by the Deputy Colonisation Commissioner by his order dated 20-4-1961 was without jurisdiction and deserved to be cancelled. He also proposed that the Collector, Sri Ganganagar be directed to hold complete inquiry and give proper orders The Minister Shri Saobharam approved the proposal. The Collector, Shi Ganganagar heard the parties concerned and made an order dated 18-1-1971 and sent the papers to the State Government for appropriate orders. By then Shir Brij Prakash Goyal became the Deputy Minister for Colonisation. He submitted a note that the land 16 Bighas and 17 Biswas which was in the Muafi of Thakurji should remain in possession of the pujari Ladhuram and the land given in exchange thereof to Bh

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