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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI, HON'BLE MR. JUSTICE MUNNURI LAXMAN, JJ
Motan Das S/o Shri Tiku Ram - Appellant
Versus
The State Of Rajasthan, Through The Principal Secretary, - Respondent
D.B. Civil Writ Petition No. 20142/2024
Decided On : 28-02-2025
(A) Constitution of India - Article 226 and Article 243-Q - Rajasthan Panchayati Raj Act, 1994 - Section 101 and Rajasthan Municipalities Act, 2009 - Multiple writ petitions challenging notifications related to the formation and alteration of municipalities - Petitioners claimed violations of natural justice and constitutional provisions - Court found that notifications complied with constitutional mandates and statutory requirements. (Paras 1-22)
(B) Natural Justice - The maxim 'audi alteram partem' does not apply where the legislative nature of the action does not require public notice or hearing. (Paras 18-19)
(C) Legislative Competence - The State Legislature has the authority to legislate on municipal matters, and the notifications were within their legislative power. (Paras 12-15)
Facts of the case:
The petitions challenged various notifications issued for the formation and alteration of municipalities in Rajasthan, alleging violations of constitutional provisions and natural justice principles.
Findings of Court:
The court concluded that the notifications were issued in compliance with the relevant constitutional articles and state acts, and did not violate principles of natural justice.
Issues: Whether the impugned notifications violated Article 243-Q and whether the issuance process adhered to statutory mandates.
Ratio Decidendi: The court held that the notifications were lawful and did not require public notice or objections under the applicable laws.
Result: The petitions were dismissed.
Judgment :
Pushpendra Singh Bhati, J.
1. The instant Civil Writ Petitions under Article 226 of the Constitution of India have been preferred claiming the following reliefs:
D.B. Civil Writ Petition No. 20142/2024
“It is, therefore, humbly and respectfully prayed that this writ petition of the petitioners may kindly be allowed and by an appropriate writ order or directions:-
(i) The notification dated 07.11.2024 (Annexure P/1) may kindly be declared illegal and ultra vires the Constitution being arbitrary and violative of the principles of natural justice & constitutional directions;
(i) a. The notification dated 17.07.2023 (page 38 of the paper book) may kindly be quashed and set aside with all consequential benefits.
(ii) Any other appropriate writ, order or direction which this Hon’ble Court may deems just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.
(iii) Writ petition filed by the petitioner may kindly be allowed with costs.”
D.B. Civil Writ Petition (PIL) No. 6097/2023
“It is, therefore, most humbly and respectfully prayed that the present writ petition may kindly be allowed and by an appropriate writ, order and direction:
1. The impugned notification dated 31.10.2022 (Annx.2) issued by the respondent authorities may kindly be quashed and set aside or in alternative and without prejudice to the aforesaid relief, the respondents may kindly be directed to undertake exercise to consider the various factors specified, as per the provisions of law, in respect to the inclusion of Gram Panchayat into Municipality and after carrying out the feasibility and compatibility report and after providing opportunity of hearing to the petitioners, the notification impugned dated 31.10.2022 be ordered to be amended accordingly.”
D.B. Civil Writ Petition No. 6181/2023
“It is, therefore, humbly prayed that this petition for writ in nature of mandamus may kindly be allowed and by an appropriate writ/order/directions:-
(i) The notification dated 24.04.2023 (Annexure-1) may kindly be declared illegal and ultra vires the Constitution being arbitrary and violative of the principles of natural justice & constitutional mandate and be struck down with all consequential directions;
(ii) Any other appropriate order or direction, which this Hon’ble Court considers just and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioner;”
D.B. Civil Writ Petition No. 10028/2023
“It is, therefore, humbly prayed that this petition for writ in the nature of mandamus may kindly be allowed and by an appropriate writ/order/directions:-
(i) The notification dated 26.06.2023 (Annex-1) may kindly be declared illegal and ultra vires and be struck down with all consequential directions;
(ii) All the proceedings and order pursuant to the notification dated 26.06.2023 passed, if any, may kindly be declared illegal and the same may kindly be quashed and set aside.
(ii) Any other appropriate order or direction, which this Hon’ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioners.”
D.B. Civil Writ Petition No. 19119/2024
“It is, therefore, most humbly and respectfully prayed that this writ petition may kindly allowed and by an appropriate writ, order or direction:
(i) The impugned amended notification dated 23.10.2024 (Ann.11) and amended notification dated 29.10.2024 (Ann.13) issued by the respondent no.4 may kindly be declared highly arbitrary, unjust, unconstitutional and same may kindly be quashed and set aside.
(ii) The notification dated 31.10.2022 (Ann.5) may kindly be ordered to be restored.
(iii) The respondent authorities may kindly be directed to conduct the election of Municipal Board, Balesar Satta as per the wards constitute by the SDO, Balesar.
(iv) Any other appropriate writ, order or direction which this Hon’ble Court deems just and proper may kindly be passed in favour of the petitioners.”
D.B. Civil Writ Pet
The notifications for municipal formation and alteration complied with constitutional mandates and statutory requirements, and the principles of natural justice were not violated.
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