1 MUNICIPAL BOARD, NIMBAHERA VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO. 845/09) Dated:- 4.11.09. HON'BLE MR.JUSTICE SANGEET LODHA Mr. K.N.Joshi, for the petitioner. 1. This writ petition is directed against order dated 31.10.08 passed by the Additional Divisional Commissioner, Udaipur, whereby a revision petition preferred by the respondent no. 4 herein, against the order dated 2.8.08 passed by the District Collector, Chittorgarh in proceedings u/s. 80(2)(a)(b) of Rajasthan Municipalities Act, 1959( in short “the Act”) upholding the allotment of the land measuring 9,080 sq. ft. made for construction of Government Girls Primary School has been rejected. However, while rejecting the revision petition, the Additional Divisional Commissioner, Udaipur has directed the petitioner-Municipal Board, Nimbahera to consider the matter with regard to allotment of alternative land measuring 2400 sq. ft. in favour of the respondent no.4. 2. Vide resolution no. 29 adopted by the Municipal Board, Nimbahera in its meeting held on 13.5.06, it was resolved that the land measuring 84 ft. x 76 ft. and 80 ft. x 65 ft. may be allotted free of cost for the construction of Government Girls 2 Primary School. The validity of the resolution was challenged by the respondent no. 4 by way of an application u/s 80(2)(a)(b) of the Act before the District Collector, Chittorgarh on the ground that the land allotted for the construction of the School as aforesaid includes the land owned by her, which she had purchased from one Shri Motilal by way of registered sale deed dated 27.3.92. It was submitted that the disputed land was allotted in favour of Shri Motilal s/o Ranalal by the Gram Panchayat, Ranikhera and the allotment made in his favour was duly approved by the Sub Divisional Officer, Nimbahera vide order dated 18.7.84. Accordingly, it was contended that the land which already stands allotted in favour of Shri Motilal could not have been allotted by the Municipal Board, Nimbahera for the purpose of construction of school. 3. After due consideration of the matter, the District Collector, Chittorgarh arrived at the finding that the patta of the land in question in pursuance of the auction held on 4.1.84 was issued in favour of Shri Motilal on 29.9.85 whereas, on account of extension of the territorial limit of the Municipal Board, Nimbahera, vide notification dated 15.3.84, the land stood vested in the Municipal Board, Nimbahera. In this view of the matter, it was held that the Gram Panchayat, Ranikhera had no authority to allot the land in favour of the predecessor in title of respondent no. 4 herein. Consequently, the application preferred 3 by the respondent no. 4 was rejected by the District Collector, Chittorgarh vide order dated 2.8.08. 4. A revision petition preferred by the respondent no. 4 against the order dated 2.8.08 passed by the District Collector, Chittorgarh has been dismissed by the Additional Divisional Commissioner, Udaipur by the order impugned dated 31.10.08. However, while dismissing the revision petition, the Additional Divisional Commissioner has directed the petitioner to consider the matter with regard to allotment of alternative 2400 sq. ft. land in favour of the respondent no. 4. Aggrieved thereby, this writ petition is preferred by the petitioner before this court. 5. It is contended by the learned counsel for the petitioner that admittedly, the land in question stood vested in the Municipal Board, Nimbahera prior to the allotment of the same in favour of the predecessor in title of respondent no. 4, therefore, the Gram Panchayat, Ranikhera had no jurisdiction to allot the land as aforesaid. It is submitted that the allotment made in favour of the predecessor in title of respondent no. 4 having been found without jurisdiction, no right is created in favour of respondent no. 4 to hold the land or claim the allotment of alternate land. 6. It appears that the directions as aforesaid have been issued by the Additional Divisional Commissioner so as to subserve the cause of justice, lest the respondent no. 4 should 4 suffer on account of no fault on his part. In considered opinion of this court, so as to undo the wrong committed by the local authority i.e. Gram Panchayat, Ranikhera, the just and reasonable directions issued by the Revisional Authority to the petitioner Municipal Board for consideration of the matter with regard to allotment of alternate land in favour of the respondent no. 4 does not warrant any interference by this court in exercise of its extra ordinary jurisdiction under Article 226 of the Constitution of India. 7. In this view of the matter, the writ petition is dismissed. No order as to costs. (SANGEET LODHA),J. aditya/-