VINOD DABODIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT petition has been filed by the local residents upon whose complaints the matter was examined and fact finding report came to be submitted to the District Collector, Tonk dt. 06.07.2012 (Annx. 6) pointing out regarding the notice served upon the individual under Sec. 245(1) of Rajasthan Municipalities Act, 2009 ("Act, 2009") which is still pending consideration with the Executive Officer who has to proceed in the matter obviously after opportunity of hearing being afforded to the individuals in accordance with law. Counsel submits that notices were served upon individuals under Sec. 245(1) of the Act, 2009 way back on 30.12.2011 and report came to be submitted to the District Collector, Tonk dt. 06.07.2012 for further action to be earned out but the authority for one reason or the other is not proceeding as regards the notices served and the obvious reason according to petitioners is because of political influence.

(2.) ONCE the notice came to be served by the authority under Sec. 245(1) of the Act, 2009 obviously the Competent Authority has to take decision in accordance with law. The writ petition is accordingly disposed of with direction to the Executive Officer to proceed pursuant to the notice served under Sec. 245(1) of the Act, 2009 and decide in accordance with law reference of which has been made in the report sent to the District Collector dt. 06.07.2012 (Annx. 6) but in no case later than four months from the date of certified copy of this order being served in his office and decision may be communicated to the petitioners who if still feel aggrieved will be at liberty to assail the same in appropriate proceedings available under law.