LODHA, J. - (1.) THE special appeal is directed against the order of a learned single Judge in S.B. Civil Writ Petition No. 2292/82 dated 5.5.83.
(2.) THE dispute relates to the construction of bus stand and it appears that the appellant who was petitioner in the writ petition, objected to it. The Sub -Divisional Officer was moved and exercising powers Under Section 285 of the Rajasthan Municipalities, 1959 (here in after referred to as 'the Act of 1959'), the Sub -Divisional Officer passed an order staying the construction. After this order was passed staying the constuction, it appears that the Sub -Divisional Officer did not make a reference to the State Government but later on by a subsequent order recalled the order of stay. This order of recall was challenged before the Single Bench. Before the Single Bench when the case was taken up, it appears that both the parties did not elaborately argue the points involved in respect of the jurisdiction of the Sub -Divisional Officer in passing Annexure A 9, which was the impugned order although attention was invited to it as per the mention made in the second paragraph of the order.
(3.) HOWEVER , it appears that after the stay order passed by the learned single Judge was recalled, a request was made by the petitioner that it would be open to the Sub -Divisional Officer to refer to the State Government to dispose of the matter under the provisions of Section 285 of the Act. There was no controversy as the counsel for the respondent, did not challenge the requirement of the law, for making a reference, when the State Government was already seized of the matter, In view of the above uncontrovertial position of law, the learned single Judge directed that in case the State Government is not seized of the matter the Sub -Divisional Officer may make a reference and same may be decided within two months by the State Government.;