DWARKA PRASAD, J.—The petitioners are residents of Mundara Mohalla, situated in the town of Mandal in Bhilwara district. Their case is that in Mundara Mohalla, there is a blind lane and a common Chowk in the centre, which surrounded by the house of the petitioners and others. The petitioners grievance is that water of domestic use, including dirty water from the houses of the Mohalla, as also rain water has collected in the chowk and because there is no drain for the discharge of the accumulated water, there is growth of moss and insects and there is possibility of spread of epidemics. The petitioners have relied upon a letter written in this connection by the Medical and Health Officer, Government Hospital, Bhilwara, on June 18, 1979, to the Executive Officer of the Municipal Board, Mandal inviting his attention to the fact that stagnant water, which has collected in the common chowk of the Mundara Mohalla, has become the breeding place of mosquitoes and insects and may cause spread of diseases. The Medical and Health Officer in his aforesaid letter expressed the view that immediate steps should be taken for making a permanent arrangement for the disposal of such water as has collected in the chowk and which has caused a nuisance for the residents of the area. As the Municipal Board has not cared to take any action in the matter, the petitioners have filed a writ of Mandamus praying for a direction to the Municipal Board for removal and discharge of filthy and dirty water and the construction of proper drainage or sewers for the discharge of such water.

2. Section 98 of the Rajasthan Municipalities Act, 1959 (hereinafter called the Act) falls under Chapter VI which deals with the primary and secondary functions of the Municipal Boards. Amongst the primary duties enumerated in section 98 of the Act, it has been provided that the Municipal Board should make reasonable provisions for cleaning public streets, places and sewers and all spaces not being private property and removing noxious vegetation and removing of public nuisances; removing filth, rubbish 6r other noxious and offensive matter and constructing drains, sewers, drainage works etc. The relevant provisions of section 98 are as under:—

"98. Duties of boards—It shall be the duty, of every board to make reasonable provision for the following matters within the municipality under its authority namely:—

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(c) cleaning public streets, places and sewers, and all spaces, not being private propeny, which are open to the enjoyment of the public, whether such spaces are vested in the board or not, removing noxious vegetation and obtaining all public nuisances;

(d) removing filth, rubbish, night-soil, odour, or any other noxious or offensive matter from privies, latrines, urinals, cess pools or other common receptacles for such matter in or pertaining to a building or buildings;

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(j) constructing, altering and maintaining public streets, culverts, municipal boundary marks, markets, slaughter-houses, drains, sewers, drainage-works, sewerage-works, baths, washing places, drinking fountains, tanks, wells dams and the like ;

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3. For the proper performance of the duties imposed upon the Municipal Boards under sec. 98 of the Act, all sewers, drains, privies, water-closets, house gullies and cess pools within the municipality have been placed under the survey and control of the Municipal Boards by the provisions of sec. 174 of the Act and under sec 175 of the Act the Boards have been authorised to construct covered sewers and drains and make other constructions in order to carry out any drainage scheme. The Boards are also authorised to control the drainage system in respect of private houses under sec. 176 and the owners of houses and empty buildings and land within the municipality are enjoined to connect their sewe

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