MOTI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner, a resident of village Kishangarh Renwal, Tehsil Sambhar, District Jaipur, has filed this writ petition challenging the notifications dated October 4, 1974 and September 15, 1978, by which the State Government has declared Kishangarh Renwal Panchayat Circle as a Municipality. According to the petitioner Gram-Panchayat Kishangarh Renwal was constituted in the year, 1956. THE Gram-Panchayat comprised of three revenue villages, viz, (1) Kishangarh Renwal, (2) Moondli Ranjitpura and (3) Dhondhia Ramsinghpura. THE revenue village Kishangarh Renwal comprised of the following dhanis. THEir approximate distances from village Kishangarh Renwal is also given against each as follows : 1. Hathipura 4 miles. 2. Ramgadiyon ki-dhani 7-1/2 miles. 3. Sodhiwali dhani 7-1/2 miles.

(2.) REVENUE village Dhondhia Ramsinghpura comprised of the following dhanis and their approximate distances are given as under : 4. Ahiron-ki-dhani 7-1/2 miles. 5. Bhaji-wali dhani 7-1/2 miles. 6. Ramsinghpura 2 miles.

(3.) THE case of the petitioner further is that the proposal of conversion of the Gram Panchayat into a Municipality was abandoned because nothing was heard or done in this regard for a considerable long period of time. THEreafter at the request of some inhabitants of the Gram Panchayat area another opportunity of filing the objections was given and some of the residents of village Kishangarh Renwal again filed their objections on January 5,1978. In the objections, dated January 5, 1978, it was stated inter alia that the villages and their suburbs existed at a distance of 5-6 miles from each other and that looking to the population of the area it could not be included or converted into a Municipality and, that the Gram-Panchayat in reply desired it not to be converted into a Municipality and, that the cause of the development of the area could not be served in a better manner by converting it into a Municipal Board. According to the petitioners even after filing the aforesaid objections no opportunity of hearing was given and the Government published a notification No. F. 1 (6) LSG/74/3888-96, dated September 15, 1978 under Sec. 4 (1) of the Act which was published in the Rajasthan Gazette, dated September 28, 1978. It was mentioned in this notification, to the surprise of the residents of Gram-Panchayat Kishangarh Renwal, that the objections filed were found without substance, baseless and unsustainable and that the Gram-Panchayat Kishangarh Renwal was being converted into a Municipality.