Judgment Guman Mal Lodha, J.-Gram Panchayat Baral II, the petitioner, has filed this writ petition challenging the constitution of Bijainagar Municipality by a notification published on 17th May, 1973 under Section 6 of the Rajasthan Municipalities Act, 1959 (for brevity. Municipalities Act), whereby lands forming 550 Khasra Nos. bearing Nos. 637 to 1186 were sought to be excluded from the limits of Panchayat Baral, and included in the limits of proposed Municipal Board Bijainagar.

2. Theprincipal ground of challenge is that in addition to the above, the above Khasra numbers also included 192 bighas of land covered by khasra Nos. 735, 758, 785, 870, 885 and 999, which were entered in the Revenue record as Charagah of village Baral.

3. It would be pertinent to notice in this respect that the petitioner in-para 8 of the writ petition submitted as under:-“(8) that the State of Rajasthan at the instance and on the suggestion of certain inhabitants of the Town of Bijainagar thought it necessary to re-convert the then existing Panchayat at Bijainagar into a Municipal Board, and with this end in view, published a draft notification under Section 6 of the Rajasthan Municipalities Act (Act

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