PRAHLAD Vs. SECRETARY MUNICIPAL BOARD JODHPUR

JUDGEMENT

(1.) THIS is a reference by the Munsiff Jodhpur City under Section 113 of the Code of civil Procedure, and raises the question of the validity of Section 220 of the jodhpur Municipal Act, 1943. Section 220 runs as follows :

(2.) THE facts leading up to this reference may be stated very shortly. The petitioner prahlad carries on trade in Ghee and grains in Udaimandir in the city of Jodhpur. It is alleged that he obtained on rent certain land, measuring 10 feet by 10 feet lying in front of the shop at which he carries on his business, originally from the development department a few years ago, and has been paying a rent of Rs. 3/per mensem to the Jodhpur Municipality for the same and that the municipality had started interfering with his possession on the 29th June, 1955, in an improper manner. Consequently, the plaintiff instituted the suit on 4th July, 1955, in which he prayed for an injunction restraining the defendant municipality from interfering with his possession over the disputed land during the pendency of his lease. It may also be added that the municipality appears to have commenced interference with the plaintiff's possession over the suit land, at the instance of one Tarachand who also carried on business in the neighbourhood of the plaintiff, and, therefore, tarachand was also impleaded as a defendant in the suit. An objection was raised before the trial Court that this suit was not maintainable without the sanction of the State having regard to the provisions of Section 220 of the Jodhpur Municipal Act. This objection was that on the side of the plaintiff by saying that Section 220 of the said Act was ultra vires and inoperative as it infringed Article 14 of the Constitution.

(3.) THE question for determination before me, therefore, is whether Section 220 of the Jodhpur Municipal Act which prohibits the bringing of any suit whatsoever against the Jodhpur Municipality, or any member, officer or servant thereof in respect of any act purporting to be done in its or his official capacity, without the sanction of the State Government, does or does not violate Article 14 of the constitution.