JUDGMENT :

Chelameswar, J.

Leave granted.

2. These two appeals are inter connected tossing up an important question of law regarding the interpretation of Article 243 Q of the Constitution of India.

3. It is not necessary for us to give the complete factual details and history of the case for the purpose of this order except the bare minimum. The litigation revolves around the upgradation by a notification dated 6.10.2008 of Gram Panchayat of Napasar Village as Nagar Palika (Municipality) Class IV [State Government while exercising power conferred to it under section 3 (1) (A) of the Nagar Palika ordinance 2008, State Government hereby declares Gram Panchayat Napasar as Nagar Palika Fourth category. Existing limit/area of the Gram Panchayat Napasar will be the area of Nagar Palika Napasar.] category by the State of Rajasthan purportedly in exercise of power conferred under Section 3(1)(A) of the Rajasthan Municipalities Ordinance 2008 [The ordinance was eventually replaced by Rajasthan Municipalities Act, 2009.]. Legality of the said notification was challenged before the Rajasthan High Court in a writ petition. It was dismissed by a learned Single Judge. Aggrieved by the dismissal, th