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2009 Supreme(Raj) 1498

H.R.PANWAR
Prakash Kumar – Appellant
Versus
Municipal Board, Sheoganj – Respondent


Advocates:
For the Petitioners:Vivek Shrimali, Advocate.
For the Respondents:B.S. Charan, Advocate.

JUDGMENT

1. - Initially this writ petition was filed before a Division Bench of this Court challenging the constitutional validity of Section 173-A of the Rajasthan Municipalities Act, 1959 (for short, "the Act, 1959" hereinafter). Apart from challenging the constitutional validity of the said provision, the petitioners challenged the notices Annx.12 dated 21-8-2000, Annx.13 dated 07-6-2001, Annx.15 dated 22-01-2005, Annx.16 dated 27.9.2005 and Annx.17 dated 13-9-2007 and also seek a direction to the respondents to refund the amounts which have been illegally realised by the respondent Municipal Board, Sheoganj, district Sirohi (for short, "the Municipal Board" hereinafter) from the petitioners as commercial/conversion charges. The provisions of Section 173-A of the Act, 1959 have already been up-held by a Division Bench of this Court in Mewa Ram v. State of Rajasthan & Anr., 2006 (3) DNJ (Raj.) 1660 and, therefore, by the order dated 8-1-2008 the Division Bench of this Court pleased to direct to place the matter before a Single Bench for consideration of other reliefs prayed by the petitioners in the writ petition.

2. Briefly stated the facts, to the extent they are relevant and




































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