CW-2930/06-Shri Raj Kumar Chordiya & Anr. Vs. State of Rajasthan & Ors. : Order dt.13.5.08 1/3 S.B. CIVIL WRIT PETITION NO.2930/2006 Shri Raj Kumar Chordiya & Anr. Vs. State of Rajasthan & Ors. Date of order : 13th May, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Rahul Bhati for the petitioner. Mr. K.N. Joshi for the respondents. Mrs. Pratistha Dave, Dy. Government Counsel. --------- 1. Heard learned counsels. 2. This writ petition is directed against the impugned order dated 29.4.2006 passed by the Dy. Secretary, Government of Rajasthan, Department of Local Self Government, Secretariat, Jaipur cancelling the resolution dated 7.11.2005 whereby certain Committees were constituted in the Municipal Board Ladnu in the meeting held on 7.11.2005. By the impugned order, the said resolution was cancelled by the said authority. 3. The learned counsel for the petitioner submits that though the Committees were constituted in accordance with the relevant rules and was legal, the said resolution was cancelled by the Dy. Secretary without providing any opportunity of hearing to any of the affected persons in the matter. CW-2930/06-Shri Raj Kumar Chordiya & Anr. Vs. State of Rajasthan & Ors. : Order dt.13.5.08 2/3 4. Mr. K.N. Joshi on the side opposite submits that the constitution of said authority was not in accordance with relevant Rules and, therefore, the resolution dated 7.11.2005 was rightly cancelled by the Dy. Secretary of the Department of Local Self Government. He, therefore, supports the impugned order dated 29.4.2006. 5. Having heard learned counsels and upon perusal of the record, it appears that the impugned order dated 29.4.2006 was passed without giving an opportunity of hearing to the affected parties, therefore, the said order is contrary to the principles of natural justice. 6. The said authority though competent in law to pass the said order ought to have provided an opportunity of hearing to the concerned persons before passing the said order. The learned counsel for the petitioner fairly agrees that any one elected representatives of the said Committees constituted under the resolution dated 7.11.2005 may be permitted to represent the cause of the affected parties and he may be heard in the matter. 7. Accordingly, this writ petition is allowed and the impugned order dated 29.4.2006 is set aside and the concerned CW-2930/06-Shri Raj Kumar Chordiya & Anr. Vs. State of Rajasthan & Ors. : Order dt.13.5.08 3/3 authority namely Dy. Secretary, Local Self Government Department, Government of Rajasthan, Jodhpur is directed to pass fresh orders in this regard after giving an opportunity of hearing to the representative of the Committees constituted under the resolution dated 7.11.2005 in this regard. The said representative in the first instance may appear before the said authority on 28th May, 2008 and, therefore, it is expected that appropriate speaking orders would be passed by the said authority within a period of one month. 8. The writ petition is accordingly allowed. No order as to costs. [ DR. VINEET KOTHARI ], J. item No.15 babulal/-