JETHA RAM Vs. STATE OF RAJASTHAN
HIGH COURT OF RAJASTHAN
STATE OF RAJASTHAN
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D.P.GUPTA, J. -
(1.)IN this writ petition, the submission of the learned Counsel for the petitioner is that the notification dated September 18, 1976 altering the limits of the Municipal Board Nokha was passed without giving the petitioners an opportunity of hearing and therefore, the said notification was issued contrary to the principle of natural justice.
(2.)THE State Government issued a notification on March 14, 1967 (Annexure 2) Under Sub -section (1) of Section 6 of the Rajasthan Municipalities Act, 1959 (hereinafter referred to as 'the Act') proposing to alter the limits of the Municipal Board, Nokha by including therein some lands earlier situated within the areas of villages Jorahapur, Mohanpura Bas of Gram Panchayat Bikaner The aforesaid notification which was published in the Rajasthan State Gazette dated July 13, 1967 invited all persons who had any, objection to the propsals contained in the aforesaid notification dated March 14, 1967 to submit their objections in writing to the State Government within two months of the publication of the notification in the official Gazette. Upon the publication of the notification, the petitioners and other residents of villages Joraharpura and Mohanpura Bas of Gram Panchayat Bikaner, who were holding agricultural lande as khatader tenants thereof filed objections in respect of the proposals to alter the limits of Municipal Board Nokha by inclusion of the areas specified in the notification (Annexure 2) dated March 14, 1967. Thereafter, by a subsequent notification dated September 18, 1976 (Annexure 5) the Government of Rajasthan altered the limits of the Municipal Board, Nokha Under Sub -section (1) of Section 4 of the Act.
The submission of the learned Counsel is that the notification Under Sub -section (1) of Section 4 altering the limits of the Municipal Board, Nokha was issued by the State Government without considering the objections filed by the petitioners and without afford them an opportunity of hearing.
(3.)THE respondents along with their reply have submitted a copy of the letter written by the Collector, another (Ex. Rule 1) to the State Government expressing his views in respect of the objections received against the notification issued under Section 4(1) of the Act, proposing to alter the limits of the Municipal Board, Nokha. It appears from the copy of the aforesaid letter that the objections claims received by the State Government in respect of the notification dated March 14, 1967 were forwarded to the Collector, Bikaner for ascertaining his views. The Collector categorised the objections received and one of the categorises consisted of objections received from the cultivators of agricultural lands sought to be included within the Municipal limits The Collector, Bikaner expressed the view that the objections had no merit and should be rejected. The Collector also obtained the views of the Deputy Town Planner, Bikaner and forwarded the same to the State Government. According to the State Government the objections and views of the Collector and the Deputy Town Planner were considered and the objections were rejected and ultimately the notification under Section 4(1) of the Act was issued on September 18, 1976, which was published in the Rajasthan Gazette extraordinary of the same date.
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