1 3 S.B. CIVIL WRIT PETITION NO.7173/2006. Heera Ram & Ors. Vs. The State of Rajasthan & Ors. Date of Order :: 1st April 2009. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. Anil Vyas, for the petitioners. Mr. K.K. Vyas, Government Counsel. Mr.C.S.Kotwani ) Mr. A.R. Godara) for the respondents .... BY THE COURT: This writ petition has been preferred in challenge to the order dated 21.11.2006 (Annex.P/20) as passed by the respondent No.1 purporting to set aside the allotment of kiosks as made by Gram Panchayat, Mundsar, Panchayat Samiti, Bikaner on 07.06.2003 and 25.07.2003 in Mukhyamantri Rojgar Yojana. Though several contentions have been sought to be urged by the learned counsel for the parties in relation to the legality and validity of such allotments and about the bona fides and eligibility of the persons to whom allotments had been made; and though several factual disputes have emerged during the course of consideration of this writ petition about the present status of the kiosks so allotted, about the 2 extent of construction put up and about the persons in use of some of the kiosks but then, after examining the material placed on record and the nature of dispute, this Court is of opinion that all such contentions and disputes need not be determined in this writ petition as the matter deserves to be remanded to the authority concerned particularly for the reason that the impugned order dated 21.11.2006 is essentially a non-speaking order. In the impugned order dated 21.11.2006, only this much has been mentioned that kiosks had been allotted on 07.06.2003 and 25.07.2003 to the named 15 persons; and as per the record and the inquiry report, requirements of the guidelines for allotments having not been complied with and ineligible persons having been allotted, all the allotments would stand cancelled. It has been pointed out that under the scheme of such allotments (Annex.1), in case of any complaint in relation to the allotments, appeal could be submitted to the State Government. It is also alleged that an appeal (Annex. P/17) was so submitted by one Hanuta Ram regarding which a reply (Annex.P/19) was also submitted by the allottees, the present petitioners. It is, however, noticed that the State Government in its 3 Panchayati Raj Department has proceeded to cancel the allotments in question by the non-speaking and unreasoned order dated 21.11.2006 without delineating the reasons prevailing with it for such cancellation and without dealing with the submissions made by the petitioners. In this view of the matter, this Court is of opinion that interest of justice shall be served if the impugned order is set aside and the matter is remanded to the State Government for decision afresh with a reasoned speaking order after extending adequate opportunity of hearing to the concerned parties. According, this writ petition is allowed to the extent indicated above; the impugned order dated 21.11.2006 is set aside and the matter stands remanded to the State Government in its Panchayati Raj Department for being dealt with in accordance with law and to be decided with a reasoned speaking order. For the purpose, the parties present before this Court shall stand at notice to appear before the concerned Deputy Secretary, Panchayati Raj Department of the Government of Rajasthan for further proceedings in the matter on 04.05.2009. It shall, of course, be expected that the matter shall finally be decided by the concerned authority as expeditiously as possible. 4 No costs. (DINESH MAHESHWARI), J. /Mohan/