MUNICIPAL BOARD, SUMERPUR Vs. KUNDANMAL & ORS.

JUDGEMENT

(1.) This appeal is filed against the final judgment and order dated 09.03.2006 passed by the High Court of Judicature for Rajasthan at Jodhpur in D.B. Civil Special Appeal No. 92 of 2006 whereby the High Court dismissed the special appeal filed by the appellant herein and affirmed the judgment/order dated 02.08.2005 of the Single Judge in S.B.C.W.P. No.1403 of 2004.

(2.) Facts of the case need not be mentioned in detail except to the extent necessary for the disposal of this appeal.

(3.) The appellant - a Municipal Board, Sumerpur (writ petitioner) filed a writ petition being Civil Writ No. 1403 of 2004 against the respondents challenging therein the order dated 30.09.2003 passed by the Collector, Pali in Municipal Appeal No.03/2001. The Single Judge of the High Court dismissed the writ petition in limine by order dated 02.08.2005 which reads as under: