P.K.PALLI, J. - (1.) THE petitioners applied for No objection for conversion of their khatedari land to the Municipal Council and the same was granted, Respondents No. 4 and 5 moved on application to the Collector under Section 285 of the Rajasthan Municipalities Act, 1959 (referred to hereinafter as 'the Act') for suspending the execution of No objection and the matter came to be placed before the Additional Collector who on 28.3.1989 passed a preliminary order staying the operation of the No Objection Certificate granted by the Municipal Council. This order has been placed as Annex. 3. The matter was then referred to the Collector for passing appropriate orders under Section 285(2) of the said Act. The petitioners were not given any notice of opportunity by the Additional Collector to meet the allegations against them levelled by respondents No. 4 and 5. Notices were received by the petitioners from the Collector, where after the objections were filed by them placed as Annex. 10. It was objected that the Collector has no jurisdiction to issue the notices. The petitioners only raised preliminary objections before the Collector relating to jurisdiction and apprehending that no time would be granted to them after the hearing of the preliminary objections and that the Collector is likely to confirm the order passed by the Additional Collector, this writ petition has been filed.
(2.) BEFORE appreciating the arguments raised by the learned Counsel appearing for the parties, it would be appropriate to reproduce hereunder the provisions of Section 285 as contained in the said Act: 285. Power of suspending execution of order etc. of board. (1) If in the opinion of any such officer as may be appointed or authorised by the State Government in this behalf the execution of any order or resolution of a board, or the doing of anything which is about to be done or is being done by or on behalf of a board, is causing or is likely to cause injury or annoyance to the public or a breach of the peace or is unlawful, he may, by order in writing under his signature, suspend the execution or prohibit the doing thereof. (2) When any such officer makes any order under this section, he shall forthwith forward to the State Government and to the board affected thereby a copy of the order, with a statement of the reasons for making it, and it shall be in the discretion of the State Government to rescind the order or to direct that it shall continue in force with or without modification, permanently or for such period as it thinks fit; Provide that no order of such officer passed under this section shall be confirmed, revised or modified by the State Government without giving the board reasonable opportunity of showing cause against the said order. Mr. M.S. Singhvi, learned Counsel for the petitioner contends that the provisions of Section 285 are not even remotely attracted to the facts of the present case as nothing remained to be done at the level of the Council after the No objection Certificate. According to the learned Counsel, Section 285 would apply only in the facts and circumstances where the execution of an order or resolution or the doing of anything which is about to be done or is being done by or on behalf of the board and is causing or likely to cause injury or annoyance to the public. The same can be suspended by an order in writing. Mr. Singhvi, thus, contends that the notices could not be issued under Section 285(2) and once the Additional Collector has exercised the jurisdiction in passing an order, the same could not be sent to the Collector for confirmation as the order passed by the Additional Collector shall be deemed to be one having been passed by the Collector. Learned Counsel further proceeds to submit that under Sub -section (2) of Section 285 the officer making the order has to forward the same to the State Government with the statement of reasons and it will be in the discretion of the State to rescind the order or to direct that it shall continue in force with or without modification.
(3.) MR . Jangid and Mr. S.K. Vyas, learned Counsel appearing for the respondents submit in reply that the Vice President while acting as President granted No Objection Certificate in favour of the petitioners but later a communication was sent to the Collector requesting him to cancel the No Objection Certificate as an error had crept in the issuance of the No Objection Certificate on the misguided proposal of the then Commissioner. Learned Counsel stated that it is not denied that the Additional Collector has passed the order Annex. 3 while exercising the powers under Section 285(1) of the said Act. According to the learned Counsel, the District Collector was fully competent and justified in issuing notices to the petitioners in exercise of the powers under Section 285(2) of the Act and it is only this provision which is applicable in the instant case and the said provision is fully attracted. It has not been denied that the Addl. Collector did not give any notice to the petitioners and according to the learned Counsel it was the District Collector who has given the opportunity of hearing to the petitioners where the objections have been filed.;