UMED SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this writ petition the petitioner has chalneged the order of the State Government dated August 29, 1977, published in the Rajasthan Gazette, dated September 28, 1977 by which it was declared that the area comprised in village Rani Khurd ceased to be a Municipality. The case of the petitioner is that the order issued by the State Government does not show as to whether the re presentations submitted by the petitioner and other inhabitants of the locality were considered and decided by the State Government before issuing the notification declaring that the area comprised in village Rani Khurd ceased to be a Municipality. The case of the petitioner is that initially a Gram Panchayat was constituted in respect of the village Rani Khurd, but by the Notification dated September 4, 1975 the State Gove, had created a Municipal Board in respect of the local area comprised in the aforesaid village Rani Khurd. Thereafter another Notification was issued on March 8, 1977 proposing that the aforesaid local area may again be converted from a Municipality to a Panchayat.

(2.) IT has been mentioned in the writ petition that according to the census of 1971 the population of village Rani Khurd was 5652 but that in the middle of the year 1976 the population of the said village was approximately 9000/ - when the petition came up for admission before this Court the petitioner was directed by tie order dated October 3, 1977 to file documentary evidence to show that the population of the village Rani Khurd was mere than 8000, as required under Section 5 of the Rajasthan Municipalities Act, 1959 ('hereinafter referred to as 'the 1959 Act'). The petitioner thereupon filed two documents. Exhibit 9 is the statement prepared by the Executive Officer of the Municipal Board, Rani Khurd showing that the total population of the village in the 1974 -75 was 7295 and in the year 1976 -77 it rose to 8155 according to the ration cards issued in the aforesaid area. Exhibit 10 is the statement prepared by the District Statistical Officer, Pali, dated June 28, 1976 according to which the approximate population of village Rani Khurd in the year 1976 was 9000. It was on the basis of the aforesaid documents produced by the petitioner in support of his submission that the writ petition was admitted on October 6, 1977 and an interim stay order was passed.

(3.) THIS case has come up to day for orders in pursuance of the notice issued or, October 13, 1977 calling upon the petitioner to show cause why the order of admission of the writ petition should not be revoked in the circumstances mentioned above.