MITHU BOTHRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This review petition under Article 226 of the Constitution of India read with Sec. 114 of the Code of Civil Code, 1908 has been preferred claiming the following reliefs: "It is, therefore, humbly prayed that the Review petition may kindly be allowed and the order dtd. 02/06/2023 may kindly be reviewed and modified in light of the averments made above and the writ petition may be heard on merits. Any other order, which this Hon'ble Court deems fit, just and proper in the facts and circumstances of the case, may kindly be passed in favour of the appellants."

(2.) Brief facts of the case, as placed before this Court by Dr.Sachin Acharya, learned Senior Counsel assisted by Mr. Raghu Raj Sharma, are that the review petitioner was elected as Chairperson of the Municipal Council, Nagaur. Subsequently, during the tenure of the review petitioner as Chairperson, a patta was issued in respect of a certain land, in contravention of the status quo order dtd. 26/10/2017 passed by this Hon'ble Court. Thereafter, the respondent issued a show cause notice to the review petitioner, and subsequently, the suspension order dtd. 16/5/2023 was passed against the review petitioner. The said suspension order was challenged before this Hon'ble Court by the review petitioner by preferring the above-numbered S.B.C.W.P No.7396/2023, which was dismissed vide 2/6/2023. 2.1. Against the aforesaid judgment dtd. 2/6/2023, the review petitioner has also preferred a Special Appeal (D.B. Special Appeal Writ No.498/2023) - Smt. Mithu Bothra Vs State of Rajasthan & Ors. before the Division Bench of this Hon'ble Court, which was decided as withdrawn on 12/7/2023 with liberty to prefer a review petition and raise all the grounds which have been taken by the appellant (review petition herein) in the appeal. Hence, the present review petition has been preferred claiming the afore-quoted reliefs.

(3.) Learned Senior Counsel for the review petitioner submitted that the Commissioner, Municipal Council, Nagaur submitted a factual report dtd. 29/8/2022 to the Deputy Director (Regional) Local Self Department, Ajmer stating therein that the patta was issue after following the due process of law.