N.P.GUPTA, J. - (1.) THIS appeal seeks to challenge the order of the learned Single Judge dt. 16.08.1999, dismissing the appellant's writ petition, on the interpretation of Section 92(2)(c) of the Rajasthan Municipalities Act.
(2.) THE facts of the case are, that the petitioner filed the writ petition before this Court, alleging inter alia, that the petitioner is a registered association, and wrote many letters, asked permission to remove the carcasses of their own cattle, which was given by the State, the petitioner deposited Rs. 10,000/ -. However, the non -petitioners No. 1 and 2 restrained the servants of the petitioner from removing the carcasses. Thereupon the petitioner filed writ petition being S.B. Civil Writ Petition No. 3895/91, which is pending. It is alleged, that on 08.08.1990 the Municipal Council Bikaner wrote a letter to the Director, Local Bodies, mentioning, that according to Section 92(2)(c) all the carcasses are the property of the Municipality. The Director did not agree with this view, and issued permission mentioned above, which is Annex.1. According to the petitioner, the Municipality thereafter issued an advertisement, to give contract for removal of carcasses, for the period 01.10.1991 to 31.03.1992. Copy of the agreement, entered into pursuant thereto, was not given to the petitioner. The petitioner alleges to have filed a criminal case on 01.11.1991 under Section 379 IPC. The petitioner then referred to Section 246 of the Municipalities Act, and submitted, that the carcasses are the property of their owners, therefore, the non -petitioners, being the Municipality, or the contractor, has no right to take it without permission of the owner, and the petitioner is removing carcasses according to Section 246, which the Municipality did not allow, which interference is arbitrary. Inter -alia with this, it is prayed, that an appropriate writ, order or direction be issued, directing the non -petitioners to allow the petitioner to dispose of their own carcasses of dead animals, and not to interfere in such disposal. The writ petition was opposed, by filing reply by the Municipal Board. It is pleaded, that Annex. 1 has been withdrawn vide order -dt. 22.11.1991, and as such it is not in force, and the writ petition has thus become infructuous. The copy of the order dt. 22.11.1991 has been produced as Annex. R/1. It was also pleaded that the amount deposited by the petitioner is without any order of the Municipality, therefore, the said cheque was never accepted. It was also pleaded that the Director, Local Bodies has no right to grant such permission, as such Municipality is not bound to obey such orders like Annex.1, apart from the fact, that it had already been withdrawn. Then it was pleaded, that pursuant to advertisement Annex.4 and 5, contract for removal of carcasses has been granted to non -petitioner No. 2, for the period 01.10.1991 to 31.03.1992. Then pleading on the anvil of Section 246 and Section 92(2)(c) have been replied, contending inter -alia, that the two provisions are supplementary to each other, and the combined reading of the two provisions would show, that the live animal is the property of the owner, and the dead one is property of concerning Board or Municipality, and therefore, Section 246 does not help the petitioner, and accordingly, such carcasses are collected by the Municipal Servants, at the request of the owners of the live animal, after its death. With this, it was pleaded that the petitioner has no case to maintain the writ petition, and the same is required to be dismissed.
(3.) LEARNED Single Judge found, that it appears, that the petitioner is not able to make up mind, that what writ it wants from this Court, and such vague relief cannot be granted. Then Section 92(2)(c) has been reproduced, and it has been concluded, that from this provision it is clear, that it is right of the Municipality only to remove the dead body of the animals from the houses, privies, sewers, cesspool or elsewhere. Thus, no substance was found in the writ petition, and the writ petition was dismissed.;