JAIKISHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application by Jaikishan under Article 226 of the Constitution for issue of a writ of certiorari in connection with an order passed in Patta proceedings relating to an area in the former State of Marwar.

(2.) THE applicant's case is briefly this. There is a small piece of land situate in didwana town which has got a municipality. Jhumarmal, opposite party, applied to the Municipal Board, Didwana, for grant of a no objection certificate so that he could obtain a Patta of this piece of land. The applicant objected to the grant of the no-objection certificate to Jhumarmal and the Municipal Board refused to give the certificate by its order dated the 28-1-1955. There was an appeal from this refusal to the Government by Jhumarmal. The Deputy Minister for Local Self government inspected the site and heard arguments and thereafter, the appeal of jhumarmal was dismissed in May 1955. In June 1955, Jhumarmal applied for review of the order of the Government. This review was accepted on the 16-9-1955 and the previous order dismissing the appeal was set aside and the Municipal Board was directed to grant a no-objection certificate to Jhumarmal. The applicant has come up to us against this order and his contention is that there was no jurisdiction in the Government to review the earlier order and, therefore, this Court should quash the order passed in review by a writ of certiorari.

(3.) THE application has been opposed by Jhumarmal and his contention is two-fold. In the first place, it is urged that such an order could be passed under Section 34 of the Marwar Patta Act, 1921. In the second place, the contention is that the proceedings culminating in the order of Government were executive proceedings and the applicant has no right in the land which is the subject of the no-objection certificate and as such, his application should be dismissed and he should be left to his remedy, if any, in the civil court.