- (1.) Gram Panchayat Baral II, the petitioner, has filed this writ petition challenging the constitution of Bijainagar Municipality by a notification published on 17th May, 1973 under S.6 of the Rajasthan Municipalities Act, 1959 (for brevity, Municipalities Act), whereby lands forming 550 Khasra Nos. bearing Nos. 637 to 1186 were sought to be excluded from the limits of Panchayat Baral, and included in the limits of proposed Municipal Board Bijainagar.
(2.) The principal ground of challenge is that in addition to the above, the above Khasra numbers also included 192 bighas of land covered by khasra Nos. 735, 758, 785, 870, 885 and 999, which were entered in the Revenue record as Charagah of village Baral.
(3.) It would be pertinent to notice in this respect that the petitioner in para 8 of the writ petition submitted as under ; "(8) that the State of Rajasthan at the instance and on the suggestion of certain inhabitants of the Town of Bijainagar thought it necessary to re-convert the then existing Panchayat at Bijainagar into a Municipal Board, and with this end in view, published a draft notification under S.6 of the Rajasthan Municipalities Act (Act No. 38 of 1939), constituting the Municipal Board at Bijainagar in the Rajasthan Rajpatra Extraordinary dt. 17-5-1973 (copy Annexure-2) and invited objections in respect to the said draft notification. In this draft notification the boundaries of the proposed Municipal Board, Bijainagar also included the following agricultural fields bearing Nos. 637 to 1186 (in all 550 khasra numbers). These khasra Nos. included khasra Nos. 735, 758, 785, 870, 885 and 999 - measuring 192 bighas which are entered in the Revenue records as 'charagah' of village Baral. All these fields including the 'charagaha' had formed part and parcel of village boundaries of Baral Panchayat as the boundaries were notified in the Gazette Extra-ordinary dt. 1-10-1964 - a copy of which (Ann. 1) is referred to above." The reply to the above para 8 of the writ petition on behalf of the non-petitioners Nos. 1 to 3 is in the following terms: "8. That para No.8 of the writ petition is admitted to the extent that the State Government issued a notification dt. 17-5-1973 inviting objections. The khasra mentioned in this para as Charagah have been so recorded in newly prepared record of settlement operations, which are still going on and have as yet not been declared closed by the State Government by any notification.";