Skip to content


Gram Panchayat, Shialawas Khurd and anr. Vs. the State of Rajasthan and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtRajasthan High Court
Decided On
Case NumberCivil Writs Nos. 1257 and 1334 of 1969
Judge
Reported inAIR1971Raj263; 1970(3)WLN647
ActsRajasthan Municipalities Act, 1959 - Sections 4; Rajasthan Panchayat Act, 1953 - Sections 86
AppellantGram Panchayat, Shialawas Khurd and anr.
RespondentThe State of Rajasthan and ors.
Appellant Advocate B.L. Sharma and; A.K. Bhandari, Advs.
Respondent Advocate Raj Narayan Munshi, Addl. Adv. General
DispositionPetition allowed
Excerpt:
.....limits.;(b) rajasthan panchayat act, 1953 - section 86--govt. issuing notifications excluding some areas of panchayat & including them in limits of bandikui municipality--procedure under section 85 not followed--held, notifications are bad in law.;before any area can be excluded from a panchayat circle the procedure laid down in section 86 must be followed. in the light of these well recognised principles section 86 of the rajasthan panchayat act will continue to be effective and no area can be considered to be excluded from the panchayat circle without following the procedure laid down in section 86.;unless an area is excluded from a panchayat circle after following the procedure laid down in section 86 of the rajasthan panchayat act, it cannot be properly included in the limits of..........rai patra pt. vi (ka) purporting to exclude some areas from the limits of shialawas khurd panchayat circle and bandi kui jagir panchayat circle and including them in the limits of the bandikui municipality and it is, praved that the said notification be quashed and the respondents be restrained from giving effect to and acting upon these notifications. 2. the relevant facts are these--the government of rajasthan issued a notification on 10th of december, 1968 proposing to include some areas of shialawas khurd panchavat circle and bandi kui jagir panchavat circle within the limits of the bandi kui municipality and inviting objections, the petitioners submitted objections. the objections were considered by the government and eventually, the government issued notification on 16th.....
Judgment:
ORDER

L.N. Chhangani, J.

1. These two writ applications challenge the validity of the Government Notification No. F. 1/97/LSG/67 Lit. dated 10-12-68, published in the Rajasthan Raj Patra Part VI (Ka) dated 11-12-68 and the subsequent notification No. F. I/97/LSG/67/Lit. dated 16-8-69, published in the Rajasthan Rai Patra Pt. VI (Ka) purporting to exclude some areas from the limits of Shialawas Khurd Panchayat Circle and Bandi Kui Jagir Panchayat Circle and including them in the limits of the Bandikui Municipality and it is, praved that the said notification be quashed and the respondents be restrained from giving effect to and acting upon these notifications.

2. The relevant facts are these--The Government of Rajasthan issued a notification on 10th of December, 1968 proposing to include some areas of Shialawas Khurd Panchavat Circle and Bandi Kui Jagir Panchavat Circle within the limits of the Bandi Kui Municipality and inviting objections, The petitioners submitted objections. The objections were considered by the Government and eventually, the Government issued notification on 16th August, 1969, transferring some areas from these two Panchavat Circles to the Bandi Kui Municipality. The petitioners' case is that the areas were included in the two Panchayat Circles and in the absence of any proper action under Section 86 of the Rajasthan Panchavat Act excluding them from the Panchayat Circles they would continue to be within the Panchayat Circles and will not be available for being included in the limits of the Municipality. The petitioners took various other grounds but as the writ applications can be disposed of only on the above mentioned ground, it is unnecessary to refer to the various other grounds. Both these writ petitions are disposed of by a common order on one ground only.

3. The writ applications have been opposed by the State- Mr. Raj Narain appearing for the State, vehemently contended that Section 4 of the Rajasthan Municipalities Act. 1959, which empowers the Government to establish Municipal Board to define and alter their limits, should be construed widely so as to warrant an automatic exclusion of any local area from a Panchayat Circle on the area being included in the Municipal limits under Section 4.

4. For a proper appreciation and adjudication of the controversy, it appears proper to give a brief review of the legislation relating to Municipalities and the Panchavats.

In the year 1951 the Rajasthan Town Municipalities Act, 1951 (Act No. XXIII of 1951) was enacted, to consolidate and amend the law relating to town Municipalities in Rajasthan- It repealed vari-pus Acts of the former States which were integrated into Rajasthan but kept alive some of these Acts. In the year 1950 the Rajasthan Panchayat Act (Act No. XXI of 1953) was promulgated. Section 3 of the Act provided for the establishment of Panchayats for a village or part of the village or group of villages not included within the limits of a Municipality. The Act initially prohibited inclusion of any area falling within the municipal limits from being included in the Panchayat Circle. On 7th September 1959 the Rajasthan Municipalities Act, 1959 (Act No. 38 of 1959) was enacted and the previous Act of 1951 was repealed. Two days later, on 9th of September, 1959, the Rajasthan Panchayat Act, 1953 was amended by Act No. XXXVII of 1959 and Sub-sections (2), (3), (4) and (5) were added in Section 3 of the Act. Sub-section (2) empowers the Government to issue a notification establishing a Panchayat for the whole or part of any area included within the limits of the Municipality, or to include any such area or part in any Panchavat Circle. The proviso to Sub-section (2) further makes if clear that the Government could convert any area into a Panchayat Circle without following the procedure prescribed under Section 4 of the Rajasthan Municipalities Act. 1959 or Section 86 of the Rajasthan Panchavat Act. A mere issue of notification will have the effect of excluding the area included in the Panchayat Circle from the limits of the Municipality. Coming to the Municipal Act, Sections 4, 5 and 6 in Chapter II provide for the constitution and Government ofMunicipalities. Section 4 thereof empowers the Government to issue a notification to--

(a) declare any local area in the Municipality;

(b) define any area in the Municipality;

(c) include or exclude any area;

(d) otherwise alter the area of any Municipality.

Sections 5 and 6 thereof prescribe the procedure which should be adopted for achieving any of the purposes mentioned in Section 4. It must be emphasised that the Rajasthan Municipalities Act, 1959 does not contain provisions similar to the provisions of Sub-section (2) of Section 3 of the Rajasthan Panchayat Act for automatic exclusion of any area from the limits of the Panchayat on the area being included in the Municipal limits under Section 4 of the Rajasthan Municipalities Act after following the procedure under Sections 5 and 6 thereof. The presence of the provisions of the nature of Sub-section (2) in Section 3 of the Rajasthan Panchavat Act and the absence of such provisions in the Rajasthan Municipalities Act clearly show that the provisions of Section 3 of the Rajasthan Panchayat Act are of overriding nature and expressly provide for dispensing with the provisions of Sections 4 to 6 of the Rajasthan Municipalities Act for excluding any area from the Municipal limits, and that Section 4 of the Rajasthan Municipalities Act cannot be interpreted to imply an automatic exclusion of an area from the Panchayat limits on its mere inclusion in the Municipal limits.

In this connection, it will be significant to refer to Section 86 of the Rajasthan Panchayat Act which empowers the Government to include any area in the Panchayat Circle, exclude any area from a Panchayat Circle and transfer any area from one Panchayat Circle to another and prescribes a procedure therefor. The provisions of the Rajasthan Panchayat Act supplemented by the provisions of the Rules provide for the consideration of objections to the proposed inclusion, exclusion or transfer. It is thus clear that before any area can be excluded from a Panchayat Circle the procedure laid down in Section 86 must be followed and acceptance of the contention of the Additional Advocate General would have the effect of rendering Section 86 of the Rajasthan Panchayat Act nugatory and It cannot be expected that the legislature could have intended to render the provisions of Section 86 nugatory or impliedly repealed them. It is well settled principle of law that a statute should be construed as changing law to no greater extent than its words or necessary intendment require. Where the language is not clear and unequivocal the legislatureshould not be taken to have permitted the alteration of the existing law by words of doubtful import. The alteration of law by implication should not be presumed except where, without such implication, the object of enactment would be defeated. In the light of these well recognised principles Section 86 of the Rajasthan Panchayat Act will continue to be effective and no area can be considered to be excluded from the Panchayat Circle without following the procedure laid down in Section 86.

I may also observe that it will be hardly proper to treat an area continuing to remain within the Panchayat Circle as becoming part of the Municipality as that will amount to subjecting the same area to two kinds of legislation --one relating to Municipality and the other relating to Panchayat. It follows that unless an area is excluded from a Panchayat Circle after following the procedure laid down in Section 86 of the Rajasthan Panchayat Act, it cannot be properly included in the limits of a Municipality.

5. Having considered the provisions of both the Acts, I am of opinion, that there is no warrant for construing Section 4 of the Rajasthan Municipalities Act widely in a manner suggested by the Additional Advocate General and to enable the Government to include an area already included in a Panchayat into Municipality without following the procedure laid down in Section 86. There is no controversy that the Government did not follow the procedure prescribed under Section 86. In these circumstances, the area which were properly included in the two Panchayats namely, Shialawas Khurd Panchayat Circle and Bandi Kui Jagir Panchayat Circle continued to remain parts of the Panchayats and the Government Notifications dated 10-12-1968 and 16-8-1969 cannot be permitted to have the effect of excluding them from the Panchayat Circles and to include them in the Bandi Kui Municipality. The two notifications are bad in law and are hereby quashed and the Government is restrained from giving effect to and acting upon these notifications.

6. The octroi duty, if any, which has been realised by the Bandi Kui Municipality in terms of the orders of this Court dated 14-11-1969 on goods entering into disputed area shall be paid to the Panchayats concerned within one month from today,

7. In the circumstances of the case, parties are left to bear their own costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //