LAWS(RAJ)-2006-10-9

ASHOK KUMAR BAKLIWAL Vs. MUNICIPAL BOARD ABU ROAD

Decided On October 04, 2006
ASHOK KUMAR BAKLIWAL Appellant
V/S
MUNICIPAL BOARD ABU ROAD Respondents

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitio is directed to challenge the demand of conversion charges raised by the respondent Municipal Board, Abu Road vide communication dated 22. 4. 2003 and 16. 2. 2006 purporting to be in accordance with Section 173 A of the Rajasthan Municipalities Act, 1959 (for short `the Act of 1959') as amended vide Municipalities Amendment Act, 1999 w. e. f. 30. 9. 1999. In addition to challenging the demand on merit within the provisions of Section 173-A itself, the petitioners have also sought to challenge the constitutional validity of Section 173-A as amended vide aforesaid amending act and rules framed thereunder for giving effect to it.

(3.) SO far as the constitutional validity of Section 173-A is concerned, the same has since been decided by the Division Bench of this Court in Mewa Ram vs. State of Rajasthan and Anr. reported in 2006 (8) RDD 4199. The Division Bench of this Court has sustained constitutional validity of the provisions and challenge to the constitutional valdiity of Section 173-A has been repelled. Hence, that question no more survives for consideration in this writ petition.