LAWS(RAJ)-1996-10-14

SHRI PARESAR Vs. MUNICIPAL BOARD

Decided On October 29, 1996
Shri Paresar Appellant
V/S
MUNICIPAL BOARD Respondents

JUDGEMENT

(1.) Instant writ petition has been filed by the petitioner for quashing the order dated 15.3.91, order dated 15.12.89 and order dated 25.11.89, Anx.7 to the writ petition. It is further prayed by the petitioner that construction in question over the land in dispute may be regularised in the terms and conditions stipulated in circular dated 21.1.82, Anx.3 to the writ petition issued by the State Government.

(2.) It is shocking to note that irrespective of due service upon sole respondent, Municipal Board, Mount Abu, no reply has been filed on the specious plea that the record relating to the land in question and constructions raised thereon are missing from the office of the Board. In the present case sole respondent Municipal Board, Mount Abu is being respondent by learned Counsel Shri Bheem Arora. .

(3.) The acts, omissions and commissions of the Municipal Board, Mount Abut in the instant case speak louder than the words. Suffice it to say that under Section 68 of the Rajasthan Municipalities Act, 1959 (hereinafter referred as the Act of 1959'), the Executive Officer, Municipal Board, Mount Abu is accountable and responsible for the custody of records of the Board including all papers and documents communicated with the proceedings of the Board and all the committees.