CWP 9222/2005 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH SB Civil Writ Petition No.9222/2005 Manager, Bangar Charitable Trust Vs. State of Rajasthan and ors. DATE OF ORDER : 01/04/2010 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. PS Sharma for petitioner. Mr. BK Sharma, for respondents. Application has been filed by the respondents under Article 226(3) of the Constitution of India for vacation of the ex- parte interim order dt. 22/11/2005. However, with the consent of counsel for the parties, the matter is finally disposed of at this stage. Counsel for petitioner submits that the very notice served upon the petitioner is contrary to the provisions of Rajasthan Municipalities Act, 1959 and Section 173-A of the Act, 1959 has no application in the facts of the instant case and even before raising demand against him vide notice impugned issued under Section 148 of the Act, 1959 dt. 28/06/2005 (Anx.9) reasonable opportunity of hearing was not afforded to him. Counsel for respondents submits that the demand has been raised under the Rajasthan Municipalities (Land Use Conversion) Rules, CWP 9222/2005 [2] 2000 and prior to raising demand, notice was served upon the petitioner but he has not submitted reply against the demand raised. After taking note of the submissions made by counsel for the parties, this court considers it appropriate to direct the petitioner to appear before the concerned authority in pursuance to the notice impugned dt. 28/06/2005 and submit his written objections/explanation within a period of six weeks from today and the authority, after taking note of the objections/submissions if made by the petitioner, may pass appropriate orders within a period of two months thereafter. However, till the objections/submissions made by the petitioner are decided, the respondents will not take any action against the petitioner in pursuance to the notice dated 28/06/2005. The petitioner, if still aggrieved by the order to be passed by the authority, will be free to avail remedy available under law. With these directions/observations, the writ petition stands disposed of. [AJAY RASTOGI], J. Raghu/p.2/9222-CW-2005-final.doc