N.K. Jain, J. - (1.) This writ petition has been filed by Jetha Nand for quashing the order passed by the S.D.O. (Rev.), Raisinghnagar dated 26.4.82 (Anx. 2) and the order of Revenue appellate Authority, Bikaner dated 5.2.83 (Anx. 4).
(2.) Briefly stated the facts of this case are that the petitioner was allotted a shop No. 18 and Bhajan Singh, respondent No. 4 was allotted shop No. 19, Bhajan Singh applied to the Municipal Board for sanction to install 5 horse power electric motor for lathe machine, which was sanctioned by the Board in the year 1977. It is alleged that thereafter in November-December, 1981, the respondent No. 4 installed a diesel engine of 10 horse power in his shop without obtaining permission which caused nuisance. The petitioner filed a complaint before the Municipal Board in the month of March, 1982. A notice to show cause was issued to the respondent No. 4, in pursuance of which he appeared before the Municipal Board and submitted his reply on 5.4.82. Ultimately vide order dated 20.4.82 (Anx. 1) the Municipal Board cancelled the permission while exercising the powers under section 21 of the Municipal Board Raisinghnagar Small Industries Control Bye-laws, accorded to the respondent No. 4. Dissatisfied with the same, the respondent No. 4 moved an application before the Sub Divisional Officer (Revenue), Raisinghnagar who vide order dated 26.4.82 stayed the order of the Municipal Board dated 20.4.82 but later on cancelled his stay order vide order dated 27.9.82. Being aggrieved with the said order, the respondent No. 4 preferred a revision before the Revenue Appellate Authority, Bikaner. The Revenue Appellate Authority vide order dated 5.2.83 while remanding the matter to the S.D.O. simultaneously issued a direction to refer the proceedings to the State Government in view of S. 285(2) of the Rajasthan Municipalities Act, 1959. Hence, the petitioner-appellant Jetha Nand has approached this Court by way of writ petition.
(3.) This writ petition has been filed on 4.4.1983. On 5.4.83, this Court while admitting the same, stayed the operation of the order Anx. 4. Government Advocate, Mr. J.M. Bhandari and Mr. B.R. Mehta, appeared on behalf of the respondents and respondent No. 4 filed reply.;