Once an order of suspension is passed under Section 285(1) of the Rajasthan Municipalities Act, 1959 by a competent authority, that authority becomes functus officio and cannot pass any further order. The officer is required to forward a copy of the suspension order to the State Government forthwith.

1. - The special appeal is directed against the order of a learned single Judge in S.B. Civil Writ Petition No. 2292/82 dated 5.5.83.

2. The dispute relates to the construction of bus stand and it appears that the appellant who was petitioner in the writ petition, objected to it. The Sub-Divisional Officer was moved and exercising powers Under Section 285 of the Rajasthan Municipalities, 1959 (here in after referred to as 'the Act of 1959'), the Sub-Divisional Officer passed an order staying the construction. After this order was passed staying the construction, it appears that the Sub-Divisional Officer did not make a reference to the State Government but later on by a subsequent order recalled the order of stay. This order of recall was challenged before the Single Bench.

3. Before the Single Bench when the case was taken up, it appears that both the parties did not elaborately argue the points involved in respect of the jurisdiction of the Sub-Divisional Officer in passing Annexure A 9, which was the impugned order although attention was invited to it as per the mention made in the second paragraph of the order.

4. However, it appears that after the stay order passed by the learned single Judge was recalled, a request was made by the petitioner that it would be open to the Sub-Divisional Officer to refer to the State Government to dispose of the matter under the provisions of Section 285 of the Act. There was no controversy as the counsel for the respondent, did not challenge the requirement of the law, for making a reference, when the State Government was already seized of the matter, In view of the above uncontroversial position of law, the learned single Judge directed that in case the State Government is not seized of the matter the Sub-Divisional Officer may make a reference and same may be decided within two months by the State Government.

5. Before this Court, a show cause notice was issued to the respondents. When the special appeal was taken up, earlier on 19-5-83, Mr. Deed wania appeared for non-petitioners no. 2 and 5 agreed to maintain the status quo. This Court then directed the maintenance of the status quo in view of the statement of Mr. Deedwania.

6. During the course of arguments for admission stage today, Mr. Singhvi, Mr. Deedwania and Mr. Bhati made a joint request that since the point involved is a short one, the appeal may be decided at this stage. Therefore, the main appeal is decided at this stage. We have considered this joint request of the learned counsel for the parties and since the matter relates to construction of bus stand which is of vital importance to the travelling public, it is in the interest of the justice that the case should not be prolonged, and every effort is to make effective adjudication of the points involved. We have, therefore, accepted the joint request of the learned counsel and proceed to decide the main appeal at this stage.

7. In view of the facts, we may mention that the main controversy is, regarding the jurisdiction of the Sub-Divisional Officer, who is a delegated authority Under Section 285 of the Act after he takes cognizance of a dispute and passes an order suspending the resolution as contemplated by Section 285 of the Act.

8. Section 285 reads as under:

285. Power of suspending execution of order etc, of Board--(1) If in the opinion of any such officer as may be appointed or authorised by the State Government in this behalf the execution of any order of resolution of a Board, or the doing of any thing which is about to be done or is being done by or on behalf of a Board, is causing or is likely to cause injury or annoyance to the public or a breach of the peace or is unlawful, be may by order in writing under his signature, suspend the execution or prohibit the doing thereof.

(2) When any such officer makes any order under this section, he shall forthwith forward to the State Government and to the Board affected there by a copy of the order, with a statement of t