PALLI, J. - (1.) THE impugned order has been passed by Board of Revenue on 23. 12. 86 while exercising powers under Sec. 300 of the Rajasthan Municipalities Act, 1959.
(2.) THE case set up by the petitioner is that the land comprising on 27'x27', in all measuring 1089 sq. ft. situated at Gordhan Vilas, Tehsil-Girwa Nai Abadi, Udaipur, had been in his possession for the last 20 years and he has raised some construction over it. He made an application before Municipal Board, Udaipur to execute a sale deed of the said land in his favour. No final orders have been passed as yet, and the matter is still pending. The Tehsildar, Urban Improvement Trust, Udaipur issued a show cause notice that the said land was under the control of Urban Improvement Trust and why he be not evicted. The petitioner filed his reply. On consideration of the matter the Tehsildar vide his order dated 20. 3. 79 held the petitioner to be in unauthorised possession and passed an order of eviction. An appeal was filed against this order in the Court of Addl. Collector, Udaipur. It was dismissed on 16. 8. 80 as not maintainable on the ground that no appeal or revision against the orders passed under Sec. 203 of the Rajasthan Municipalities Act lay in the Court of Collector/addl. Collector. This order was challenged by the petitioner in revision before the Board of Revenue. It was dismissed. Thus this writ petition. Learned counsel for the petitioner contended that Tehsildar had no jurisdiction to proceed with the matter as there was no notification authorising him to act under the said provision. The submission is mis-conceived inasmuch as the Tehsildar has been authorised to act on behalf of the Rajasthan Improvement Trust vide notification dated 13. 3. 71. This fact is borne out from the record itself. In the alternative, it was prayed that suitable direction be issued by this Court for regularisation of the petitioner's possession over the land. We find no merit in this submission as well. The petitioner has failed to show any provision in the Act under which such a regularisation can be done. No such direction can be issued while exercising powers under Art. 226 of the Constitution of India. It is within the jurisdiction of Municipal Board to examine each case on merit and then pass order in accordance with law.
(3.) THE finding of the Board of Revenue that an appeal before the Addl. Collector was not maintainable suffers from no illegality. After hearing the learned counsel at length we find no merit in this writ petition and, it is hereby dismissed with Rs. 2,000/- as costs. .;