AMAR SINGH GURJAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this bunch of writ petitions, notification issued by the State Government under Section 9, 10 and 101 of the Rajasthan Panchayati Raj Act, 1994 is under challenge.

(2.) Ms. Sheetal Mirdha, learned Additional Advocate General, appearing for the State of Rajasthan as well as Mr. Gajanand Mishra Manav, learned Additional Government Counsel, raised a preliminary objection as to maintainability of these writ petitions before the Single Bench on the premise that the notification impugned herein is legislative in character and in view of the order dated 28.02.2011 issued by Hon'ble the Chief Justice, Rajasthan High Court and subsequent order dated 18.03.2011 issued by the Registrar General of this Court, if the challenge to any order of legislative nature is made, it is the Division Bench only which can hear the matter. In support of their contentions, they have relied upon the judgment of the Division Bench of this Court dated 18.12.2014 in the case of Bhupendra Pratap Singh Rathore Vs. State of Rajasthan and Ors. reported in 2015 (2) WLC (Raj.) 607.

(3.) Learned counsel for the petitioners could not dispute the aforesaid legal position and prayed that in view of urgency involved in the matters, the writ petitions may be directed to be listed before the Division Bench at the earliest.