N.C.KOCHAR, J. - (1.) IN this writ petition it has been prayed the bye -laws namely, Nagar Parishad, Bharatpur {Hotel, Restaurant, Bekary, Mithai, Pan, Khadyann evam any a Padarth, Bikri Ke Niyantran Va Niyaman Vishayak) Bye -laws, 1977 (for short byelaws' 1977) be quashed.
(2.) IT is submitted by Shri Maloon learned that the challenge to bye -laws has been given on several counts. The most important ground on which it has been challenged is that while publishing the notice regarding framing of bye -laws the provisions of sub Section 2 of Section 90 of Rajasthan Municipalities Act, 1959 (for short, the 'Act 1959') have been completely ignored. It is pointed out that in document No. 3 dt. December 30, 1976 a Notification was published by respondent Municipality in which it has been started that bye laws have been framed regarding hotels and restaurants which can be inspected at a particular place and objections may be raised within 15 days. It is pointed out that the proposed draft should have been published. It is also submitted that the proposed draft should have been published. It is also submitted that the notification was published only in a weekly paper which evidently could not have drawn the attention of the public as a daily paper could have had. Therefore, this notification do not come to the knowledge of those persons who are affected by it. The learned Counsel also referred to certain other clauses of the Bye -laws in which such conditions have been imposed which are unreasonable to follow.
(3.) IT is submitted by Shri Soral, learned Counsel for the respondent that notification issued is enough since it was mentioned therein that the draft Byelaws can be inspected at the places mentioned in the Notification itself. Therefore, there was sufficient complaiance of provisions of Sub -Section 2 of Section 90 of the Act, 1959. We have heard the parties and gone through the documents. We need not go into the each clause of the proposed bye -laws some of which is are unreasonable and imporacticable. But this petition is to be disposed of on the first ground mentioned above. Sub -Section 2 of Section 90 of the Act, 1959 clearly lays down that the draft of the proposed bye laws has to be affected thereby. Admittedly, this has not been done which was necessary to have been done and we are fortified in our view by the decision of Apex Court in Bagalkot City Municipality v. Bagalkot Cement Co. 1963 Suprme Court 774 in which same view has been taken in Para 6 of the said decision.;