Gopal Krishan Vyas, J.—This writ petition has been filed by the Municipal Corporation, Jodhpur challenging the order dt. 26.11.2001 (Annex.1) passed by the Divisional Commissioner, Jodhpur by which the order passed by the Commissioner, Municipal Corporation, Jodhpur on 11.05.2001 in the proceedings intiated under Sec. 203 of the Rajasthan Municipalities Act, 1959 (hereinafter, “the Act”) against respondent No. 3 was set-aside.

2. According to the facts disclosed in the petition, the Commissioner, Municipal Corporation, Jodhpur issued notice under Sec. 203 of the Act against respondent No. 3 on 17.11.2000 and 19.03.2001 for removal of unauthorized occupation of the municipal land. The order passed by the Commissioner on 11.05.2001 was challenged by respondent No.3 by way of filing revision petition under Sec. 300 of the Act before the Divisional Commissioner,Jodhpure. Vide order dt. 11.05.2001 whereby the Commissioner, Municipal Corporation, Jodhpur while treating the land in question as encorachment passed an order for removing the said encroachment from the government road. The Municipal Corporation has challenged the order of the Divisional Commissioner mainly on the following gro

Click Here to Read the rest of this document