Municipal Board vs General Public Merta
2023 Latest Caselaw 3427 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Revision Petition No. 48/2023

1. Municipal Board, Merta Through Executive, Officer Ramratan Choudhary S/o Shri Shibhu Ram, Age 35 Yrs., Merta, District Nagaur.

2. Municipal Board, Merta Through Chairman, Gautam Tak S/o Shri Heera Lal Tak, Age About 56 Yrs., Merta, District Nagaur.

----Petitioners Versus

1. General Public Merta, Through Members Of District Bar Association, Merta City- 1- Jagdish Saraswat S/o Shri Ramdev Saraswat, Resident Of Chippon Ki Pole, Merta City, District Nagaur. 2- Surendra Dadhich S/o Shri Bherulal Dadhich, Residnet Of Jalwana, Tehsil Merta, District Nagaur.

2. State Of Rajasthan, Through District Collector, Nagaur.

3. State Of Rajasthan, Through Sub Divisional Officer, Merta.

4. Tehsildar, Merta.

----Respondents

For Petitioner(s) : Mr. Vishal Sharma

HON'BLE MS. JUSTICE REKHA BORANA

Order

21/04/2023

The present petition has been filed against the order dated

23.02.2023 whereby the application under Order 7 Rule 11 of the

Code of Civil Procedure as preferred by the defendant-Municipal

Corporation has been rejected.

Learned counsel for the petitioner submitted that it was a

mandate in terms of Section 304 of the Rajasthan Municipalities

Act, 2009 that a two months' prior notice be served and the said

(2 of 2) [CR-48/2023]

condition having not been complied with, the present suit was not

maintainable.

Learned counsel relied upon the judgment in the case of

Murli Ram & Ors. Vs. State; S.B. Civil Regular First Appeal

No.174/2014, decided on 16.07.2014.

Issue notice. Issue notice of the stay application also.

Notices be filed in two sets. On the same being filed, one set

be given 'dasti' to learned counsel for the petitioner for service

through registered post acknowledgment due. Notices be made

returnable within a period of four weeks.

Postal receipts of the 'dasti' notices be filed within a period of

one week from the date of receipt of 'dasti' notices.

Call for the record.

Meanwhile further proceedings in Civil Suit No.26/2023

pending before the Civil Judge, Merta shall remain stayed.

(REKHA BORANA),J 8-AbhishekS/-

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