Honble RATHORE, J.–On the request of both the learned counsel for the parties, these three writ petitions are being heard together and decided by this common judgment:- (2). The case of the petitioner is that one Hoshiyari Lal S/o Jaggan Lal and Chanda Devi wife of Hoshiyari Lal have transferred the land situated at Village Gram Sabha, Khedi (Allofa) by an agreement dated 21.3.2003 for having right in agricultural land total measuring 34 bigha 17 biswas. The aforesaid land was sold for a sum of Rs. 4,11,000/- out of which Deepak Sarah and Gamdoor Singh purchased 10 bigha each; Rai Singh purchased 7 bigha 9 biswas and Surendra son of Tara Chand purchased 7 bighas and 8 biswas in village Khedi (Allofa), Tehsil Phulera, District Jaipur. (3). After executing the agreement Hoshiyari Lal and his wife Chanda Devi moved before the Gram Sabha Khedi (Aloofa) requesting for entering the name of the petitioners in the record along with others as the purchasers of the land. (4). The Gram Saba Khedi (Allofa) considering the application moved on behalf of Hoshiyari Lal and Chanda Devi passed an order to open mutation in favour of the petitioners who are the purchaser. (5). Thereafter petitioner No. 1 deposited a sum of Rs. 11/- with the respondent Gram Sabha Khedi (Aloofa) on 23.3.2003 and also deposited amount of Rs. 6,500/- on the same day as a membership fee. (6). After deposition of the amount, on the same day, the patta was granted in favour of the petitioners in respect of land 34 bigha 17 biswas. (7). Thereafter, notices dated 9.6.2003/4.7.2003 Annexure-7-A, 7- B and 7-C respectively were received by the petitioners mentioning therein that some decisions was taken on 22.5.2003 under the Chairmanship of the new President of the Gram Sabha to cancel the previous sale of land. (8). Being aggrieved the petitioner represented before the gram Dan Board of Rajasthan against the decision dated 22.5.2003. Since no response was given by the Gram Dan Board, the petitioners have filed the present writ petitions challenging the notice dated 9.6.03/4.7.03 issued in lieu of the order dated 22.5.2003 on the ground that the petitioners have duly purchased the land, their name have been mutated, the mutation order was also passed by the Gram Sabha and patta was issued in their favour in view of the provisions of Gram Dan Act, 1971. (9). (9). The order dated 22.5.03 is contrary to the provisions of Section 28 as no notice whatsoever is served upon the petitioner prior to canceling the patta. (10). Learned counsel for the petitioners submits that the Gram Sabha has not supplied the copies of the proceedings which is illegal and action of the respondents not providing the same is contrary to the provisions of law. (11). In support of his submissions, Mr. PC Jain placed reliance on the judgment M/s Star Enterprises and Others vs. City and Industrial Development Corporation of Maharashtra Ltd. & Others (1), and West Bengal Electricity Regulatory Commission vs. CESC Ltd. (2). By referring these judgments Mr. Jain submits that the respondents have to follow the principle of natural justice and without following the principle of natural justice, no order whatsoever can be passed against the petitioner in view of the ratio decided by Honble the Supreme Court in the aforesaid cases. (12). Learned counsel for the petitioners also drawn my attention towards the document annexed with the writ petition to submit sequence of allotment and more particularly referred agreement Annexure-1, which is executed on 21.3.03 and the application dated 21.3.03 moved on behalf of Gram Dan Kishan Hosiyari Lal and Chanda Devi for entering the names of the petitioners in the record for mutation in place of them. (13). The proceedings which are initiated by Gram Dani village on 21.3.02 also referred and in lieu of the decision taken by the Gram Dani Village vide resolution dated 21.3.03 the petitioner has deposited the membership fee and in terms of agreement dated 21.03.03 Annexures 4-A, 5-A, 4 B, 5 B, 4 C and 5 C, the patta was issued in favour of the petitioners which is also placed as Annexure 6, 6-A, 6-Band 6 C. (14). It is also given out by the learned counsel for the petitioner that the action of the respondent is not only arbitrary but also mala fide and order dated 22.5.03 passed against the petitioner without following due process of law and without giving opportunity of hearing. (15). It is also given out by the learned counsel for the petitioner that the action of the respondent is not only arbitrary but also mala fide and order dated 22.5.03 passed against the petitioner without following due process of law and without giving opportunity of hearing. (15). Per contra, Shri RK Agarwal, learned counsel appearing on behalf of respondent No. 2 submits that this present writ petition is not maintainable as the alleged purchase of the land by the petitioner from Hoshiyari Lal and Smt. Chanda Devi is void ab initio and does not have any protection of law nor it requires any interference by this court. (16). Learned counsel for the respondent Mr. RK Agarwal submits that the title of the land cannot be transferred through agreement to sale as held by Honble the Supreme Court in the case 1995(4) SCC 147 (3). Mr. Agarwal also referred the provisions of Gram Dani Act, more particularly Section 2 (g), 12, 13, 20, 26, 27 and 28 and also referred rule 3 of the Rules of 1971. (17). Mr. Agarwal submits that since the petitioners do not belong to the same village i.e. Gram Dani Village, and belong to the Sriganganagar and Hanumangarh district, therefore, they cannot be termed as Gram Dan Kishan and giving this right to the outsider, is contrary to the spirit of Rajasthan Gram Dan Act, 1971. (18). Mr. Agarwal referred a letter dated 4/04/2003 (Annexure-R-2-1) wherein the Board has taken the decision on the complaint received from Gram Dani Village by which, the villagers of the Gram Dani village informed that they are apprehending that certain Gram Dan Kisan are selling the land to the persons who do not belong to the Gram Dani Village and also requested to hold the election of Gram Dani Village so that such irregularities which are committed by the President of Gram Dan Village can be checked. On this complaint, Rajasthan Gramdan Board vide Annexure R-2/1 dated 4.4.07 directed the President of Gram Dan Village not to act contrary to the provisions of Gram Dan Act, 1971 and Rajasthan Panchayat Raj Act till fresh elections are held and the election officer was appointed by the Gram Dan Board to hold fresh election and as per the notification dated 7.4.2003 election was notified and the fresh election was held and after holding election the new elected President has found that the earlier allotment made in favour of the petitioner is contrary to the spirit of the provisions of Gram Dani Act, 1971. (19). Similarly, the government also submitted the reply re- iterating the facts which are submitted by Shri Agarwal and the government Advocate supported the submissions made on behalf of the Gram Dan Board and submits that the transfer which is made in favour of the petitioner and allotment recognized by the Gram Dani Village Gram Sabha Khedi (Allofa) is illegal and unauthorized and also contrary to the provisions of the Act of 1971. (20). Having heard rival submissions of the respective parties and after perusal of the material available on the record and after going through the provisions of the Act of 1971 and Transfer of property Act, to resolve the present controversy, it is necessary to refer certain provisions of Rajasthan Gram Dani Act, 1971. As per Section 2 (g), the Gramdan Kishan means a person who holds land as Gramdan Kisan under this Act and includes his heir and successors-in-interest. (21). Section 12 deals with the provisions of prohibition against transfer of lands which reads as under:- (1) No person shall transfer any land in respect of which a declaration has been filed, until an order refusing to confirm the declaration under Section 10 has become final or an order under Section 11 declaring the village in which the land is situate as not qualified to be a Gramdan village is made, whichever is earlier; (2) Any transfer of land made in contravention of the provisions of sub Section (1) shall be void. Section 13 deals with the Constitution of Gram Sabha which is reproduced as under:- 1. Section 13 deals with the Constitution of Gram Sabha which is reproduced as under:- 1. With effect from the date specified in the notification issued under sub-section (1) of Section 11 declaring a village to be a Gramdan village, all persons whose names are included in the register referred to in Section 14 shall be deemed to constitute a Gram Sabha for the Gramdan village and the Gram Sabha shall have all such powers and discharge all such functions as are vested in, or conferred on it by or under this Act or otherwise. 2. Every Gram Sabha so established shall be body corporate by the name of ``Gram Sabha of . . . . having perpetual succession and a common seal, with power to enter into contracts and subject to the provisions of this Act, to acquire, hold, administer or dispose of property, both movable and immovable whether within or without the limits of the Gramdan village over which it has authority, and may in its corporate name sue and be sued. (22). Relevant provisions which have been relied upon by both the parties are Section 27 and 28 of Rajasthan Gramdan Act, 1971 which read as under:- 27. Rights of Gramdan Kisan ``a person who has been granted land under Section 26 shall hold it as Gramdan Kisan on the following terms and conditions, namely:- (a) the interest of the Gramdan Kisan in such land shall be heritable in accordance with the provisions of Section 40 of the Rajasthan Tenancy Act, 1955; (b) the Gramdan Kisan shall not transfer his interest in the land, without the previous approval in writing of the Gram Sabha and except- (i) to a person who has joined the Gramdan Community in respect of the village in which the land is situate on the terms and conditions agreed upon between them: Provided that a Gramdan Kisan belonging to scheduled caste, or scheduled tribe shall not transfer his interest in land to any other person who joined the Gramdan community except the one who is also a member of the scheduled caste or scheduled tribe: (ii) to the Gram Sabha; or (iii) to a co-operative society or any institution approved by the state government in this behalf or to the government, by way of simple mortgage for securing payment of any money borrowed from such society, institution or government. (c) the Gramdan Kisan shall pay to the Gram Sabha an amount equal to the land revenue, rent, recesses, rates and other taxes payable, if any, in respect of the land, before such date or dates as may be prescribed by regulations; (d) the Gramdan Kisan shall annually contribute to the Gram Nidhi one-fortieth of his annual agricultural produce or such other share as the Gram Sabha may determine in this behalf; 28. Power of Gram Sabha to cancel allotment.-(1) Where any Gramdan Kisan- (a) transfer his interest in the land in contravention of the provisions of clause (b) of Section 27, or fails to pay to the Gram Sabha any dues in respect of the land allotted to him, or contravenes the provisions of clause (dd) of Section 27, or (c) fails to cultivate the land for two consecutive years. (23). A bare perusal of Section 27 and 28 reveals that there are certain conditions to be a Gram Dan Kisan. The interest of the Gramdan Kisan in such land shall be heritable in accordance with the provisions of Section 40 of the Rajasthan Tenancy Act, 1955. In sub section (b) of Section 27 there is restriction for transfer his interest in the land, without the previous approval in writing of the Gram Sabha and according to sub Section (c) of Section 27 the Gramdan Kisan shall pay to the Gram Sabha an amount equal to the land revenue, rent, cesses, rates and other taxes payable, if any, in respect of the land, before such date or dates as may be prescribed by regulations and shall also annually contribute to the Gram Nidhi one-forth with of his annual agricultural produce or such other share as the Gram Sabha may determine in this behalf; and the land allotted by the Gram Sabha shall be cultivated personally by the Gramdan Kisan or by a member of his family. (24). But there is restriction stipulated in Section 28. (24). But there is restriction stipulated in Section 28. There is power given to the Gram Sabha to cancel allotment and the Gram Sabha can cancel the allotment of land if the transfer is made in contravention of the provisions of clause b of Section 27 or fails to pay the gram Sabha any dues in respect of the land allotted to him or contravenes the provisions of clause (dd) of Section 27, or fails to cultivate the land for two consecutive years and in such eventuality, the Gram Sabha may, after giving the Gramdan Kisan an opportunity of being heard, take over the management of his land for such period and on such terms and conditions as it thinks fit, and in case the Gramdan Kisan does not comply with the order the gram Sabha for handing over management to it, cancel the allotment and pass an order for his eviction. (25). Though, in Section 28 opportunity of being heard to such a Gram Dan Kisan against whom notice for cancellation issued, is provided. In view of the aforesaid provisions, the factual metrix is to be seen. (26). In the present case, the petitioners purchased the land from the Gramdan Kisan Hoshyari Lal and Chanda Devi through an agreement but they reside in Ganganagar and Hanumangarh Districts and as per provision of Section 10 of the Gram Dan Act, 1971, they have not filed declaration. The declaration which is required to be filed by the head of family not holding any land to join Gramdan community and without declaration they purchased the land and it also revealed that the agreement was executed on 21.3.03 and on the same day Gram Kisan Hoshiyari Lal and Chanda Devi moved application before the President Gram Dan Village to enter the names of the petitioners and issue patta in their favour but it reveals that in a hot haste the proceedings were initiated by Gram Dan Village and on the say day i.e. 21.3.03 a resolution was also passed in favour of the petitioners and the request of the Gram Dan Kisan Hoshiyari Lal and Chanda Devi was accepted and patta was issued in favour of the petitioners and on the same date the mutation was opened in their favour and patta issued and after issuance of patta within two days they deposited membership fee. Apparently, the proceedings which are initiated by the President Gram Dan village are contrary to the provisions and spirit of the Gram Dan Act, 1971. (27). More so, as per the decision of Honble the Supreme Court in 1995 (4) SCC 147 (supra), the transfer made through agreement cannot be recognized. And in view of the Honble Supreme Court judgment, the petitioners are not recognized as Gram Dan Kisan, therefore, no notice whatsoever is issued to the petitioners. (28). It is true that the earlier action taken by the Gram Sabha is absolutely contrary to the Gram Dan Act, 1971 and which was rectified by the subsequent President of Gram Sabha who cancelled the allotment of Hoshiyari Lal and Chanda Devi as they have violated the provisions of the Act of 1971. (29). In view of the ratio decided by Honble the Supreme Court, the agreement of sale does not confer any title on the petitioners who were not Gram Dan Kishan and as such they have violated the provisions of Gram Dan Act, 1971. (30). In view of the aforesaid discussions and observations, these writ petitions fails being devoid of merit and the same are herewith dismissed with no orders as to cost.