1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR J U D G M E N T D.B.CIVIL SPECIAL APPEAL(REVIEW) NO.848/2006 IN S.B.CIVIL REVIEW PETITION NO.53/2004 IN S.B.CIVIL WRIT PETITION NO.6177/1998 Sushila Devi vs. The Municipal Corporation, Jaipur & Anr. DATE OF JUDGMENT ::: JULY 12, 2010 P R E S E N T HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN HON'BLE MRS.JUSTICE MEENA V.GOMBER Mr.Vimal Choudhary, for the appellant Mr.J.M.Saxena, for the respondents BY THE COURT: 1. Heard the learned counsel for the parties. 2. Learned counsel for both the parties argued the case at length, but during the course of arguments, they agreed that matter may be examined by Municipal Corporation, Jaipur on merits, as per directions given by learned Single Judge of this Court dated 23rd January, 1992 passed in S.B.Civil Writ Petition No.1845/1987. They further agreed that the petitioner will appear before the Chief Executive Officer of respondent Municipal Corporation and case will further 2 be reconsidered and decided afresh on merits. 3. Consequently, this special appeal is disposed of with the following order:- (i) The impugned order dated 29th November, 2004 passed in S.B.Civil Review Petition No.53/2000 as well as order dated 7th November, 2000 passed in S.B.Civil Writ Petition No.6177/1998 by learned Single Judge are set aside. (ii) The impugned order dated 11th May, 1992 passed by Administrator, Municipal Council, Jaipur (Annex.36) is also quashed. (iii) The petitioner will appear before the Chief Executive Officer, Municipal Corporation, Jaipur on 27th July, 2010 at 2:30 P.M., who is directed to hear both the parties on the objections of the petitioner/appellant and decide the matter on merits afresh. (iv) In case, the Chief Executive Officer is of the view that he is not competent authority to decide the objection, then he will 3 refer/place the matter before the concerned authority of the Municipal Corporation, Jaipur for deciding the case on merits. (v) It will be open for the petitioner/appellant to file a copy of the objection petition, in case, the same is not readily available with the respondent Corporation. (vi) The concerned authority of respondent Municipal Corporation, Jaipur is directed to decide the matter within a period of four months from today. (vii) The parties are directed to bear their own costs. (Meena V.Gomber) J. (Narendra Kumar Jain) J. BKS/