1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER 1. S.B.CIVIL WRIT PETITION NO.5933/2007. Sunil Kumar. VERSUS State of Rajasthan & Others. 2. S.B.CIVIL WRIT PETITION NO.6157/2007. Uma Devi Bansal. VERSUS State of Rajasthan & Others. 3. S.B.CIVIL WRIT PETITION NO.6159/2007. Vimala Devi. VERSUS State of Rajasthan & Others. 4. S.B.CIVIL WRIT PETITION NO.6158/2007. Ram Kumar. VERSUS State of Rajasthan & Others. 5. S.B.CIVIL WRIT PETITION NO.5938/2007. Munni Devi. VERSUS State of Rajasthan & Others. 10.07.2008. HON'BLE MR.JUSTICE DALIP SINGH Mr.R.K.Agarwal, for the petitioners. Mr.B.K.Sharma, Deputy Government Advocate. ***** In these petitions, the petitioners are aggrieved by the order dated 25.07.2007 which are identical in all the petitions which were taken up today on the request of the learned counsel for the parties. The order dated 25.07.2007 was passed by the Municipal Board in the light of the order passed by the Government dated 23.07.2007. So far as the order issued by the Municipal Board canceling the pattas of the petitioners are concerned, the same have been issued admittedly without affording any opportunity to the petitioners to show cause against the proposed action. Consequently, since the same do not confirm to the requirement of the principles of natural justice, the same is liable to be set aside. 2 In the facts and circumstances, therefore, the order dated 25.07.2007 passed by the Municipal Board canceling the pattas of the petitionerss is set aside. Learned counsel for the petitioner submits that the action of the respondent Municipal Board is in pursuance of the order of the Government dated 23.07.2007 where allegedly some inquiry was conducted by the Government and in the said inquiry and investigation, the pattas which were issued were found to be not in consonance with the master plan and, therefore, directions were issued by the Government for taking steps to cancel the pattas. Learned counsel for the petitioners, therefore, submits that so far as the Municipal Board is concerned, the Municipal Board would only comply with the order of the Government dated 23.07.2007 and till such time the order of the Government is not set aside the fate of the petitioners would be the same. I am not in the agreement with the submissions made by the learned counsel for the petitioners. The order of the Government dated 23.07.2007 is on the administrative side. Even if the Government has passed an order, the requirement of issuance of the show cause notice cannot be dispensed with. The petitioners are, therefore, entitled to notice from the Municipal Board and are, therefore, entitled to know the reasons for the proposed 3 action to be taken against them on behalf of the Municipal Board so that the petitioners are in a position to submit their reply and clarifications against the proposed action. The petitioners shall be entitled to show that the reasons which prevailed with the Government are incorrect. The respondents, therefore, are permitted to serve a show cause notice upon the petitioners giving reasons for the proposed action and after the show cause notice is served upon the petitioners, in case, the petitioners want to inspect any record they would be entitled to the same and inspect the material on which the respondent Board seeks to rely for taking the proposed action against the petitioners. On the receipt of the aforesaid notice, the petitioners would be free to submit a reply to the same along with the documents on which they seek to rely and a personal hearing before any order is passed by the Municipal Board. Needless to say that if the petitioners are aggrieved by any order that may be passed by the Municipal Board, the petitioners have a remedy of preferring a revision petition against the decision of the Municipal Board under Section 300 of the Rajasthan Municipalities Act. Subject to the above, all these writ petition stand disposed of. The impugned orders dated 25.07.2007 passed by the Municipal Board are set aside. The application under Article 226(3) of the Constitution of India filed in S.B.Civil Writ Petition No.5933/2007 and the stay application filed also stand disposed of. 4 The stay application filed along with S.B.Civil Writ Petition No.5938/2007 also stands disposed of. (DALIP SINGH),J. Solanki DS, Jr.P.A.