NARAYAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The writ petition preferred by Narayan Lal petitioner was dismissed by the learned single Judge after hearing petitioner's counsel by a speaking judgment and order dated 7-9-1990.

(2.) Being aggrieved and dissatisfied the petitioner preferred a D. B. Civil Special Appeal against the said judgment and order dated 7-9-1990. The Division Bench after hearing the counsel for the parties, came to the conclusion that the amendment to the provisions of the Rajasthan Municipalities (Disposal of Urban Land) Rules, 1974 had not been considered by the learned single Judge and the matter had been disposed of by merely considering the unamended rule though amendment to the said rule was having a bearing on the issue and, thus, the judgment of the learned single Judge deserves to be set aside. The Division Bench set aside the judgment and order dated 7-9-1990, admitted the writ petition and remanded the case to the learned single Judge for deciding it afresh.

(3.) When the matter came up for consideration of the learned single Judge, it was observed by the learned Judge that "I am of the opinion that it is a prerogative or privilege of a Judge before whom the matter is placed and only he has to decide whether to admit the matter or not?" and framed the following question for adjudication by full Bench :