MODI, J.—This is a writ application under Art. 226 of the Constitution against an order of the Minister of Local Self Government Department of our State dated the 17th Aprils 1957, passed under sec. 4 of the Rajasthan City Municipal Appeals (Regulation) Act, 1950, (Act No. 3 of 1950 hereinafter referred to as the Act of 1950). This application was originally allowed by a bench of this Court (Bapna Ag., C.J. and Modi J.) by an order dated the 7th November, 1958, on the ground that the State Government had no jurisdiction to pass the order under challenge. The respondent State of Rajasthan then obtained special leave for appeal to the Supreme Court and by its judgment dated the 16th September, 1964 (Civil Appeal No.245 of 1962), the interpretation put by this Court on the proviso to Sec. 4 of the Act of 1950 was held to be erroneous and it was further held that a revision lay to the Government against the order of the municipal authority concerned thereunder and the case has been remanded to this Court for being disposed of on the other points arising in the case. This is how the case has come before us today.

2. The material facts in so far as they are necessary for the decision of t

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