HAMID ZAFAR ALAM Vs. MUNICIPAL BOARD

JUDGEMENT

(1.) HAJI Abdul Jabbar, who is father of petitioners No. 1 and 3' and husband of petitioner No. 2 applied for allotment of a strip of land measuring 29 sq. yards, which according to the petitioners is situated in front of their house in Mohalla Bajarwara, Nagaur, before the Executive Officer, Municipal Board, Nagaur. Allotment Case No. 117 of 1983 -84 was registered. The Municipal Board on 28.2.84 recommended that it shall have no objection if the allotment as prayed for by the petitioner is made in his favour. This recommendation was accepted by the Executive Officer. The Executive Officer had directed that a sum of Rs. 885/ - be deposited. While the proceedings for allotment were under consideration before the Municipal Board, Nagaur, respondent No. 4 Noor Mohammed filed an application before the Collector, Nagaur, purporting to be Under Section 80 of the Rajasthan Municipalities Act, 1959 (for short 'the Act' hereinafter) wherein he had made a prayer that the recommendation made by the Executive Officer, Municipal Board, Nagaur, be quashed and the resolution of recommendation dated 28.2.84 be cancelled. According to the respondent, if the allotment of the land is made in favour of the petitioner, his interest shall be adversely affected. Notice of the application moved by respondent No. 4 was served on Haji Abdul Jabbar and he submitted his reply. The Collector after heating both the parties accepted the application filed by respondent No. 4 and the proceedings drawn by the Municipal Board Nagaur, were cancelled. Aggrieved by the said order, Haji Abdul Jabbar filed a revision petition Under Section 300 of the Act. The revision petition of Haji Abdul Jabbar was dismissed on the preliminary ground by the Divisional Commissioner, Ajmer, respondent No. 3 that the revision is being filed against the order of the State Govt. to the State Govt. and, therefore, the revision is not maintainable.

(2.) IT is contended by the counsel for the petitioners that the order was passed by the Collector in exercise of the powers conferred Under Section 80(2)(b) of the Act qua the Collector and, therefore, the revision Under Section 300 of the Act was maintainable.

(3.) SECTION 80 of the Act empowers every Municipal Board to lease, sell or otherwise transfer any movable or immovable property belonging to the Municipal Board including municipal land and also any Govt. land subject to the condition that no such lease, sale or transfer shall be binding on the Board unless it is in confirmity with the provisions of the Act and rules made thereunder and so far as Govt. land is concerned, no lease, sale or transfer shall be valid unless it is confirmed by the prescribed authority in the prescribed manner and on the prescribed conditions. Sub -sections (2) (a) and (2)(b) of Section 80 read as under: