VIKRAM SINGH Vs. COLLECTOR JODHPUR

JUDGEMENT

(1.) BOTH these writ petitions involve common questions of law and facts as such they are disposed of by this common order.

(2.) FOR the convenient disposal of these writ petitions, the facts given in the case of Vikram Singh vs. The Collector, Jodhpur & anr. S. B. Civil writ Petition No. 1107/1981) are taken into consideration.

(3.) LEARNED counsel submits that by virtue of this explanation the provisions of Section 311 will not be applicable to the Municipal Council. The submission of Mr. Tatia appears to be justified. Since Section 311 will not be applicable to the Municipal Council, therefore, there is no prohibition for the Administrator to file an appeal before the Collector and no appeal shall accordingly lie to the Administrator on the Municipal Council as the case may be. The only option is to file an appeal before the Collector under sub-section (12) of Section 170 of the Act. The appeal has already been filed by the Administrator before the Collector as such the appeal of the Administrator before the Collector under sub-section (12) of Section 170 is maintainable but no appeal is maintainable before the Administrator/council against the permission granted by the Commissioner.