SHIV KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition has been filed against the order dated 23.09.2011, passed by the Director, Local Self Government Department, Jaipur in pursuance of the order dated 30.04.2008 passed by the Division Bench of this Court in DB Civil Special Appeal (Writ) No.536/2000.

(2.) COUNSEL for the petitioner submits that the order dated 23.09.2011 impugned in this writ petition is liable to be quashed and set aside in view of the said order being contrary to the direction of the Division Bench in DB Civil Special Appeal (Writ) No.536/2000, decided on 30.04.2008 inasmuch as the Division Bench had directed that the matter with regard to allotment of strip of land to the respondent Nos.5 & 6 be decided on merits after providing an opportunity of hearing to the concerned parties. COUNSEL submits that the impugned order dated 23.09.2011 is not an order on merits as it does not reflect the legality or otherwise the allotment of strip of land to the respondent Nos.5 & 6 with reference to Rule 23 of the Rajasthan Municipalities (Disposal of Urban Land) Rules, 1974 (hereinafter 'the Rules of 1974'). It is submitted that the allotment of strip of land to the respondent Nos.5 & 6 is contrary to the said rules of 1974 and this fact ought to have been considered by the Director, Local Self Government Department, Jaipur and adjudicated on merits.

(3.) STAY application is also dismissed.