Dismissed

Prem Kumar v. State of Rajasthan

Rajasthan HC13 Dec 2022CW/18561/2022

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a direction to upgrade the Gram Panchayat, Tinwari, to a Municipal Board under the Rajasthan Municipalities Act, 2009. The Court held that constituting municipalities is a sovereign function of the State Government. Absence of malafides precluded interference. The writ petition was dismissed as devoid of merit.

What did the court decide?

The writ petition is dismissed as being devoid of merit. No direction is given to upgrade the Gram Panchayat to a Municipal Board.

Prem Kumar Vs State of Rajasthan — Writ and Judicial Review | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Civil Writ Petition No. 18561/2022

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Prem Kumar S/o Shri Jawari Lal, Aged About 35 Years, R/o Kankariyo Ki Pole Tinwari Dist. Jodhpur Raj.

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----Petitioner

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Versus

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State Of Rajasthan, Through Principal Secretary Urban Development And Housing Department Govt. Of Raj. Secretariat Jaipur

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The Director, Directorate Of Local Bodies Govt. Of Raj. Jaipur

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The Dist. Collector, Jodhpur

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Gram Panchayat Tinwai, Dist. Jodhpur Through Its Sarpanch And Secretary Gram Panchyat Tinwari Dist. Jodhpur

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The Tehsildar, Tinwari Dist. Jodhpur

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----Respondents

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For Petitioner(s)	: Mr.	Suniel Purohit.
For Respondent(s)	: -

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HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE KULDEEP MATHUR

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Order

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13/12/2022

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Styling the instant writ petition under Article 226 of the Constitution of India, the petitioner Prem Kumar has approached this Court seeking the following reliefs:

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“(a) the respondents may kindly be directed to exercise the powers available under Rajasthan Municipalities Act, 2009 and to upgrade the Gram Panchayat, Tinwari as Municipal Board in view of the resolution of the Gram Panchayat so also the report submitted by the Tehsildar, Tinwari.

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(2 of 3) [CW-18561/2022]

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(b) by an appropriate writ, order or direction, the respondents may kindly be directed to give the status of Municipality to Gram Panchayat, Tinwari and all consequential status and benefits available under the Rajasthan Municipalities Act, 2009.”

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We have heard the submissions advanced by Shri Suniel Purohit, leaned counsel representing the petitioner and have gone through the material placed on record.

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Part IXA of the Constitution of India particularly Article 243Q of the Constitution of India, vests the exclusive jurisdiction of constitution of Municipalities in Hon’ble the Governor. All parameters as prescribed under Article 243Q would have to be satisfied before the notification to declare a particular rural area into a Municipality can be issued.

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Having considered the submissions advanced at bar, we are of the firm view that the relief, which is sought for by the petitioner in this writ petition, pertains to exercise of sovereign powers by the State Government. Ex-facie , we are of the view that while exercising the extraordinary writ jurisdiction under Article 226 of the Constitution of India, it would not be expedient in the interest of justice to mandate the State Government to exercise the said power in the particular manner as claimed by the petitioner. There is no allegation of the petitioner that the State Government is not acting in a bonafide manner or that any act or omission being taken contrary to law.

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Whether or not, to declare a particular rural area to be a Municipal area is exclusively within the domain of the legislature. There being no allegation that the alleged failure to exercise power so conferred upon the State by the statute is tainted with

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(3 of 3)

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[CW-18561/2022]

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malafides , no direction can be given to the State Government in terms of the prayers made by the petitioner in this writ petition. Thus, we do not find any justifiable ground to interfere in the matter while exercising the extraordinary writ jurisdiction.

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As a result, the writ petition is dismissed as being devoid of merit.

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(KULDEEP MATHUR),J

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(SANDEEP MEHTA),J

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44-Tikam/-

Prem Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Prem Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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