GAUTAM TAK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Due to the paucity of time, the present writ petition itself is not being decided and therefore, the arguments have been advanced and heard on the stay application.

(2.) Heard learned counsel for the parties on stay application.

(3.) Mr. Sandeep Shah, learned Senior Counsel for the petitioner submits that the petitioner is an elected representative holding the post of Chairman, Municipal Board, Merta City. Learned Senior Counsel further submits that vide order dtd. 30/8/2024, the petitioner has been placed under suspension under Sec. 39 of the Rajasthan Municipalities Act, 2009. He further submits that the petitioner had put only his signatures on the Pattas issued in favour of the two individuals after the entire process was completed by the authorities subordinate to him including the Executive Officer. Learned Senior Counsel further submits that right from the submission of the application till the grant of Patta, the entire proceedings are required to be undertaken by the Junior Engineer, ATP, Senior Assistant including Executive Officer. He further submits that when the proceedings reached to the Chairman, the petitioner has mentioned that the Patta should only be issued after holding an inquiry and going through the entire documents and the record of the case. After passing this order, the subordinate authorities were under an obligation to check the entire documents and after examining the same, the Pattas were prepared, on which, the Executive Officer placed his signatures and thereafter, the prepared Patta was placed before the petitioner for his signatures. He further submits that the petitioner was under the bona fide impression that the entire documents were properly checked by the Government authorities, including Executive Officer and therefore, he had placed the signatures on Patta.