R. Dayal, J. - (1.) THIS is a special appeal by the Municipal Board, Gaura Barhaj, District Deoria, against the judgment of Mr. Justice Mathur allowing the writ petition filed by Respondent No. 1 Under Article 226 of the Constitution and quashing the notifications dated 1411 -56 and 25 -3 -57.
(2.) THE State Government in the exercise of their power Under Clause (d) of Sub -section (1) of Section 3 of the UP Municipalities Act (hereinafter called the Act) intended to declare a certain area to be included within the municipality of Gaura Barhaj and in view of Sub -section (1) of Section 4 of the Act published a draft notification on 14 -11 -56. The notification Under Section 3(1)(d) of the Act was issued on the 25 -3 -1957. The Respondent No. 1 prayed for the quashing of these notifications on several grounds, including the one that there had been no proper publication of the draft notification in accordance with the provisions of Sub -section (1) of Section 4 of the Act. The learned Judge found that a copy of the draft notification was not affixed at the office of the District Magistrate as required by Sub -section (1) of Section 4 and held that the notification Under Section 3(1)(d) of the Act dated 25 -3 -57 was unenforceable He accordingly allowed the writ petition and quashed both the notifications.
(3.) THE learned Counsel for the Appellant has contended that the provisions of Sub -section (1) of Section 4 of the Act were merely directory, their object being that the residents of the area to be affected by the proposed notification Under Section 3(1)(d) of the Act should know of the proposal and that if such a knowledge has been conveyed to them by any other means, the non -compliance with any of the provisions of Sub -section (1) of Section 4 of the Act will not invalidate the notification issued Under Section 3(1)(d) of the Act.;