JUDGMENT 1. - With the consent of counsel for the appellants and respondent No. 4, Gram Panchayat, Derwala this special appeal as well as the connected writ petition i.e. S.B. Civil Writ Petition No. 4179/2005 shall stand disposed of by this order. 2. It may be mentioned that apart from respondent No. 4, the State of Rajasthan, the Collector, Jhunjhunu and the Block Development Officer, Panchayat Samiti, Jhunjhunu also figure as respondents but in view of the order that we propose to pass, we do not think it is necessary to serve notice on these respondents. 3. The dispute relates to allotment of land in village Khidarsar within tehsil and district Jhunjhunu. On 8.1.1998 on the representation of Gram Panchayat, Dewrala, Collector, Jhunjhunu set apart five bighas land in terms of Section 9213 of the Rajasthan Land Revenue Act, 1956 for allotment of residential plots thus extending the abadi land. Plots were to be allotted on the recommendation of the Gram Panchayat.by the Vikas Adhikari subject to the final approval of the District Collector/Director, DRDA and Panchayati Raj Department. The order mentioned that members of the Scheduled Caste/Scheduled Tribe and other weaker sections shall be given preference in accordance with law. The order also stated that in case of violation of the above terms, the order will be deemed to be cancelled. 4. A dispute arose about the manner and eligibility of the persons to whom allotments were made. Pursuant to' the order of this Court the District Collector made inquiry and cancelled the allotments. There is dispute about the manner of allotment and the eligibility of individual allottees. We do not wish to go into these disputes. It is true, as contended by the counsel for the appellants, that if the plots were allotted by open auction, members of the Scheduled Castes /Scheduled Tribes and other weaker sections might not have been allotted plots. But at the same time, in absence of any express provision dispensing with the requirement of auction, the allotments can only be made by auction. We are of the view that the difficulties can be taken care of by holding separate auction giving due preference to the members of the Scheduled Castes/Scheduled Tribes etc. There can be no doubt that they form separate class. In the instant case it is the admitted position that allotments were made without auction. We are of the view that the difficulties can be taken care of by holding separate auction giving due preference to the members of the Scheduled Castes/Scheduled Tribes etc. There can be no doubt that they form separate class. In the instant case it is the admitted position that allotments were made without auction. In this view of the matter, there is no escape from the conclusion that the allotment has to be made afresh. In order to ensure transparency in the process we would direct that the proposed auction be held as per rules under the supervision of the concerned Vikas Adhikari. It goes without saying that in case the petitioners and/or others who have already been allotted plots in the past are again allotted plots the amount deposited by them shall be adjusted. In case they are not allotted plot(s), the amount deposited by them shall be refunded. The process of allotment should be completed within four months. Till then the present allotments shall not be disturbed. 5. This appeal as also the writ petition thus stand disposed of in the above terns. 6. Let a copy of this order be placed on the record of S.B. Civil Writ Petition No. 4179/2005.Appeal Disposed of. *******