GRAM PANCHAYAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner by this writ petition has challenged the notification dated 26 -7 -1983 (Annx. 6) whereby the revenue village Rawat Bhata has been declared as notified area under Section 313 of the Rajasthan Municipalities Act, 1959.

(2.) THE petitions is Gram Panchayat, Rawat Bhata. In pursuance of a resolution of the petitioner Gram Panchayat Rawat Bhata an objection was made by the Sarpanch of the petitioner Gram Panchayat, Rawat Bhata on 11 -3 -1983 in regard to the establishment of the notified area before the State Government. Inspite of the objection filed by the Sarpanch of the petitioner Gram Panchayat a notification dated 26 -7 -1983 was issued declaring the revenue village Rawat Bhata to be a notified area and also appointing Chairman and 8 members of the notified area committee.The basic challenge is that the notification Annx. 6 suffers from the same infirmities as has been held by this Court in the case of this very Gram Panchayat 1980 WLN (UC) 301. In has been submitted that while disposing of the objection filed by the petitioner Gram Panchayat no speaking order was passed. In support of the above submission learned Counsel for the petitioner has drawn my attention to the Notified Area Committee Rawat Bhata and Anr. v. G.D. Mehta and Ors. 1980 WLN (UC) 297 and G.D. Mehta v. The State of Rajasthan and Ors. 1980 WLN (UC) 301. This writ petition has been supported by the affidavit of the Sarpanch Shri S.N. Singh in which he has deposed that the has deposed that he has been authorised to file the present writ petition.

(3.) THE writ petition is dismissed on account of the fact that the petitioner has not come with clean hands.