NAOLEKAR, J. - (1.) LEARNED counsel for the appellant undertakes to withdraw the review application filed before the learned Single Judge for review of the order passed on 15. 3. 1999 in writ petition No. 2067/98.
(2.) HOTEL Association of Jaipur (herein appellant Association) is a registered association having the membership of the persons who are carrying on business of hotel in Jaipur city. Prior to the Rajasthan Municipalities Act, 1959 (for short `the Act of 1959') came into force the Jaipur Municipal Act, 1943 (for short `the Act of 1943) was in force in Jaipur City. Under the Act of 1943 bye-laws were framed for regulating, licensing and inspecting the conduct of places used as hotels, restaurants, boarding and lodging houses etc. The bye-laws were given effect from 1. 5. 1946. As per sub-clause (b) of clause 2 the period of licence for running the hotels and restaurants or boarding and lodging houses was upto one year. Under the old bye-laws the members of the appellant Association were required to make an application for renewal of licence every year. Having realized the difficulty with regard to grant of licence renewed every year the appellant Association and its members made a representation before the State Government. The State Government issued notification dated March 23, 1996 published in Rajasthan Raj Patra dated June 4, 1996 whereunder licence for running hotels and restaurants was required to be issued for a period of ten years which was subject to renewal for a further period of ten years. The Municipal Council shall constitute a Committee which shall take decision for issuing of the licence. The members of the appellant Association have applied for renewal of their licences already issued but the licences were renewed only for the period of one year as provided under the old bye-laws framed under the Act of 1943. The appellant Association and its members made a representation to the respondents for renewal of their licences for a period of ten years as provided under the notification dated March 23, 1996. As no action was taken by the respondents, the appellant Association moved this Court by filing a writ petition which was registered as SB Civil Writ Petition No. 2067/1998. The learned Single Judge vide its order dated 15. 3. 1999 has dismissed the writ petition on the ground that the order/notification issued by the State Government having not published in the Official Gazette it cannot be given force of law; it can at the most be an executive instruction which cannot supersede the bye laws of the Jaipur city Municipal Corporation wherein it has been provided:- " No licence shall be granted for a period exceeding one year and every licence shall be granted so as to expire with an official year (31st of August) provided that a temporary licence for a period not exceeding one month may be granted for any special occasion and such licence shall expire with the period for which it is granted. " Aggrieved by the said order the present appeal is filed. With the consent of both the counsel appearing on behalf of the respective parties, the matter is finally heard.
(3.) IT appears to us that it was not brought to the notice of the learned Single Judge that the notification dated 23. 03. 1996, in fact, was published in the Official Gazette and as the notification was published in the Official Gazette it cannot be said that it does not have the force of law. The question really involved in this case is whether by issuance of notification in the Official Gazette the State Government has power, authority and jurisdiction to change the bye-laws of the Municipal Corporation in existence. With all fairness the learned counsel for the respondents has placed before us for consideration Sec. 298 of the Act of 1959, which reads as under:- " 298. Power of Government to cancel or modify bye-laws and rules of boards - (1) The State Government may at any time by notification in the Official Gazette repeal wholly or in part or modify any rule or bye-law made by any board: Provided that, before taking any action under this sub-section, the State Government shall communicate to the board the grounds on which it proposes to do so, fix a reasonable period for the board to show cause against the proposal and consider the explanation and objections, if any, of the board. (2) The repeal or modification of any rule or bye-law shall take effect from the date of publication of the notification in the Official Gazette, if no date is therein specified and shall affect anything done or omitted or suffered before such date. Under Sec. 298 the State Government has a power to issue notification in the Official Gazette to repeal wholly or in part or modify any Rule or bye-law made by the Board. Thus, the State Govt. by issuing a notification in the official Gazette can modify any bye-laws of the Board. It is not the case of the respondents that the State Govt. before modifying the bye-laws of the Municipal Corporation Jaipur has not taken any action as mentioned in proviso to sub-sec. (1) of Sec. 298 of the Act of 1959. ;