Sampat Lal Meena vs The State of Rajasthan and Others

Narendra Kumar Jain, J.—Heard learned counsel for the Petitioner.

Learned counsel for the Petitioner submitted that Respondent No. 4, Chief Executive Officer, Zila Parishad, Sawaimadhopur issued notice dated 27.09.2007 (Annexure-3) to the Petitioner u/s 111 of the Rajasthan Panchayati Raj Act, 1994. The Petitioner submitted his reply dated 05.10.2007(Annexure-4) to the Chief Executive Officer, Zila Parishad, Sawaimadhopur. Thereafter, No. action was taken for about 31/2 years. Now, all of sudden, impugned order dated 12.07.2011 (Annexure-5) has been issued asking the Petitioner to deposit a sum of Rs. 8,80,917.63 up to 20.07.2011, which is per-se illegal, violative of principle of natural justice, therefore, it is liable to be quashed by this Court.

During the course of arguments, learned Counsel for the Petitioner submitted that there is a provision for filing appeal against such an order in Sub-section (5) of Section 111 of the Rajasthan Panchayati Raj Act, 1994 before State Government, therefore, he may be permitted to withdraw this writ petition with liberty to file appeal before appropriate forum.

Prayer of learned counsel for the Petitioner is allowed.

Writ petition as well as stay application both are, accordingly, dismissed as withdrawn with liberty, as prayed for.