DEVILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE writ petitions involving similar nature facts and identical issues on the grievance of the writ petitioners against extra demand as raised by the respondent-Municipal Board, Jaitaran towards 99 years' lease for the respective shops, have been considered together; and are taken up for disposal by this common order.

(2.) AFTER having heard the learned counsel for the parties and having perused the material placed on record, this Court finds that the demand in dispute has its genesis in an order dated 12.02.2007 as issued by the State Government in its Local Self Department; and while issuing this order, a few relevant facts and factors appear not to have gone into consideration. Thus, this Court has formed an opinion that with setting aside of the demand in dispute, the matter be restored to the file of the Secretary to the Government in its Local Self Department for decision afresh. As the matter is proposed to be restored for re-consideration by the Secretary concerned, not much dilatation on the facts appears necessary. Only a brief reference to the relevant facts and background aspects would suffice.

(3.) IT is borne out from the material placed on record by the respondents themselves that on 24.10.2005, the Municipal Board addressed one communication to the Director, Local Bodies seeking sanction for grant of 99 years' lease to the petitioners/their predecessors. It appears that the matter remained pending with the Government for some time and another communication was sent by the Board on 16.01.2007. Ultimately, the Dy. Secretary to the Government in its Local Self Department conveyed the sanction by the order dated 12.02.2007 while stating as under:-