- 1 - S.B.CIVIL WRIT PETITION NO.5817/06 DATE OF ORDER : 11/7/2008 HON'BLE JUSTICE GOPAL KRISHAN VYAS Mr.Anil Upadhyay, for the petitioner. Mr.Hemant Choudhary for Municipal Board,Nagaur Mr.Shyam Ladrecha, Government Counsel. Mr.Manoj Pareek, for the respondent. Heard learned counsel for the parties. In this case the question of appointment of lawyer by the State Government or Municipal Board is involved. Learned counsel for the petitioner submits that the present controversy has already been adjudicated by this Court in S.B.Civil Writ Petition No. 4573/2002 (Thakur Prasad Rathi vs. State of Raj. & Ors.) decided on 16/7/2003 in which learned Single Judge of this Court has held as under: “In view of the provision in Annexure-R/1 i.e. a notification issued by the State Government, it has been provided by the State Government that the Municipal Authorities have their independent existence and they can appoint lawyers of their choice to represent them. This present controversy cannot be adjudicated by this Court because according to the State Government's notification, Municipal Board can appoint lawyers to represent them. The State Government may also appoint the lawyers under circumstances of necessity by a - 2 - special order. The Municipal Board have a liberty to appoint lawyers for cases in regular matter and the State Government may also suggest the name of the lawyers in special circumstances. The writ petition is disposed of.” In this view of the matter, I deem it just and proper to quash the orders Annex.4 and 5. The State Government can pass orders in accordance with the above judgment passed by learned Single Judge of this Court. With above directions, this petition is disposed of. (GOPAL KRISHAN VYAS),J . pankaj baweja