STATE OF RAJASTHAN Vs. MUNICIPAL BOARD JALORE

JUDGEMENT

(1.) THE petitioner, State of Rajasthan, has filed the present petition through the Sheep and Wool Officer, Jalore and challenged the impugned orders dt. 20. 2. 82, 27. 1. 87 and 29. 5. 90. THE respondent no. 1 Municipal Board, Jalore initially allotted a piece of land measuring 435600 sq. fts. to the District Sheep and Wool Department, Jalore for the construction of sheds by an order dt. 29. 1. 58 and the possession of the same was also handed over. However, for as many as long 24 years, the conditions put in the allotment order dt. 29. 1. 58 (Annex. 1) were not complied with by the petitioner, therefore, a notice was given to the petitioner on 9. 2. 82 by the respondent Municipality to show cause as to why the allotment made in favour of the petitioner should not be cancelled. THE petitioner replied to the said show cause notice which is not on the record of the case but from the impugned order dated 20. 2. 82 (Annex. 2), it is clear that the explanation offered in the reply by the petitioner was not found satisfactorily, therefore, the earlier allotment order dt. 29. 1. 58 (Annex. 1) was cancelled and the petitioner was asked to hand over the possession by 26. 2. 82 to the respondent Municipality otherwise the possession would be taken from the petitioner by the respondent Municipality.

(2.) AGGRIEVED by the above impugned order at Annex. 2, the petitioner approached S. D. O. , Jalore under Section 85 (1) of the Rajasthan Municipalities Act, 1959 (for short `the Act') for setting aside the same, who referred the matter under Section 285 (1) of the Act to the learned Collector for setting aside the cancellation order at Annex. 2. However, the learned Collector did not agree with the recommendation made by the S. D. O. and, therefore, rejected the application by his impugned order dated 27. 1. 87 (Annex. 3) as the learned Collector was of the opinion that there was no construction raised by the petitioner prior to the passing of the cancellation order.