JUDGMENT :

1. This review petition under Article 226 of the Constitution of India read with Section 114 of the Code of Civil Code, 1908 has been preferred claiming the following reliefs:

“It is, therefore, humbly prayed that the Review petition may kindly be allowed and the order dated 02.06.2023 may kindly be reviewed and modified in light of the averments made above and the writ petition may be heard on merits.

Any other order, which this Hon’ble Court deems fit, just and proper in the facts and circumstances of the case, may kindly be passed in favour of the appellants.”

2. Brief facts of the case, as placed before this Court by Dr.Sachin Acharya, learned Senior Counsel assisted by Mr. Raghu Raj Sharma, are that the review petitioner was elected as Chairperson of the Municipal Council, Nagaur. Subsequently, during the tenure of the review petitioner as Chairperson, a patta was issued in respect of a certain land, in contravention of the status quo order dated 26.10.2017 passed by this Hon’ble Court. Thereafter, the respondent issued a show cause notice to the review petitioner, and subsequently, the suspension order dated 16.05.2023 was passed against the review petitioner. The said suspension order was challenged before this Hon’ble Court by the review petitioner by preferring the above-numbered S.B.C.W.P No.7396/2023, which was dismissed vide 02.06.2023.

2.1. Against the aforesaid judgment dated 02.06.2023, the review petitioner has also preferred a Special Appeal (D.B. Special Appeal Writ No.498/2023) -Smt. Mithu Bothra Vs State of Rajasthan & Ors. before the Division Bench of this Hon’ble Court, which was decided as withdrawn on 12.07.2023 with liberty to prefer a review petition and raise all the grounds which have been taken by the appellant (review petition herein) in the appeal. Hence, the present review petition has been preferred claiming the afore-quoted reliefs.

3. Learned Senior Counsel for the review petitioner submitted that the Commissioner, Municipal Council, Nagaur submitted a factual report dated 29.08.2022 to the Deputy Director (Regional) Local Self Department, Ajmer stating therein that the patta was issue after following the due process of law.

3.1. Learned Senior Counsel further submitted that the review petitioner filed an application on 15.05.2023 and sought time to file the reply to the show cause notice dated 12.05.2023, but on the very next day i.e. 16.05.2023, the respondent passed the suspension order. It was also submitted that the review petitioner filed a reply to the aforesaid show cause notice on 03.06.2023.

3.2. Learned Senior Counsel also submitted that on a previous occasion, the Tehsildar, Nagaur in its report dated 29.10.2021 submitted before the Commissioner, Municipal Council, Nagaur stated that the land in question (Khasra No.405) is not Agore/Talab/Aad land, and it was recorded as gair mumkin abadi in the revenue records and the government offices and residential colonies have been constructed thereon.

3.3. Learned Senior Counsel further submitted that the notice dated 03.02.2023 issued by the District Collector, Nagaur was not issued to the review petitioner, but the Commissioner Municipal Council, Nagaur who sought legal opinion and issued the notice 08.02.2023 to the patta holder. Therefore, the review petitioner was having no knowledge about the interim order so operating.

3.4. Learned Senior Counsel also submitted that the show cause notice was issued to the petitioner on 12.05.2023, which was served on her as late as on 15.05.2023. That apart, the review petitioner was only granted a meager time period of 3 days in the said show cause notice. Therefore, as per learned Senior Counsel, no opportunity of hearing was given by the respondent to the review petitioner before passing the order impugned in the writ petition. It was thus submitted that the entire action of the respondent is against the principles of natural justice as well as the provisions of the Rajasthan Municipalities Act