BHANWARLAL Vs. STATE

JUDGEMENT

(1.) THE petitioners applied for No objection for conversion of their khatedari land to the Municipal Council and the same was granted, Respondents No. 4 and 5 moved on application to the Collector under Section 285 of the Rajasthan Municipalities Act, 1959 (referred to hereinafter as 'the Act') for suspending the execution of No objection and the matter came to be placed before the Additional Collector who on 28.3.1989 passed a preliminary order staying the operation of the No Objection Certificate granted by the Municipal Council. This order has been placed as Annex. 3. The matter was then referred to the Collector for passing appropriate orders under Section 285(2) of the said Act. The petitioners were not given any notice of opportunity by the Additional Collector to meet the allegations against them levelled by respondents No. 4 and 5. Notices were received by the petitioners from the Collector, where after the objections were filed by them placed as Annex. 10. It was objected that the Collector has no jurisdiction to issue the notices. The petitioners only raised preliminary objections before the Collector relating to jurisdiction and apprehending that no time would be granted to them after the hearing of the preliminary objections and that the Collector is likely to confirm the order passed by the Additional Collector, this writ petition has been filed.

(2.) BEFORE appreciating the arguments raised by the learned Counsel appearing for the parties, it would be appropriate to reproduce hereunder the provisions of Section 285 as contained in the said Act:

(3.) MR . Jangid and Mr. S.K. Vyas, learned Counsel appearing for the respondents submit in reply that the Vice President while acting as President granted No Objection Certificate in favour of the petitioners but later a communication was sent to the Collector requesting him to cancel the No Objection Certificate as an error had crept in the issuance of the No Objection Certificate on the misguided proposal of the then Commissioner. Learned Counsel stated that it is not denied that the Additional Collector has passed the order Annex. 3 while exercising the powers under Section 285(1) of the said Act. According to the learned Counsel, the District Collector was fully competent and justified in issuing notices to the petitioners in exercise of the powers under Section 285(2) of the Act and it is only this provision which is applicable in the instant case and the said provision is fully attracted. It has not been denied that the Addl. Collector did not give any notice to the petitioners and according to the learned Counsel it was the District Collector who has given the opportunity of hearing to the petitioners where the objections have been filed.