JUDGMENT 1. - Learned counsel for the appellant-defendant, Municipal Board, Dungarpur fairly submitted that in identical second appeal/s being CSA No.475/2006-Panchayat Samiti, Dungarpur v. Municipal Board, Dungarpur, vide the judgment dated 01.02.2010 on the request of the learned counsel for the Municipal Board, Dungarpur, the matter was referred to learned District Collector, Dungarpur in view of Section 323 of the Rajasthan Municipalities Act, 2009. The relevant portion of judgment passed by this Court is reproduced herein below: "I have heard learned counsel for the parties. Carefully gone through the judgments and decree impugned passed by both the courts below. Learned counsel appearing for the respondent invited my attention to the Section 323 of the Rajasthan Municipalities Act, 2009 (for short, "the Act of 2009" hereinafter) and submitted that the suit in respect of the dispute between the Municipality and one or more other local authorities is not entertainable by a civil court and it is the District Collector to take cognizance of such dispute. Section 323 of the Act of 2009 provides as under:- "323. Dispute Between a Municipality and one or more authorities: (1) If any dispute for the decision of which this Act does not otherwise provide exists, between a Municipality and one or more other local authorities in regard to any matter arising under the provisions of this Act or any other law and the dispute is not amicably settled- (a) the Collector may take cognizance of the dispute and decide it himself if the dispute is with another Municipality or panchayat in the same district and his decision shall be final; and (b) In all other cases the matter shall be referred to the Divisional Commissioner, who may take cognizance of the dispute and decide it and the decision of Divisional Commissioner shall be final. (2) No suit shall be entertained by a civil court in respect of any dispute referred to in sub-section (1)" Learned counsel for the respondent submits that the appellant and respondent are the local authorities as has been defined in Clause (43) of Section 32 of the Rajasthan General Clauses Act, 1955. Section 323 of the Act of 2009 provides for settlement of disputes between a board and any other local authority. The dispute should be such for which no provision is made elsewhere in this Act or in any other law for the time being in force.
Section 323 of the Act of 2009 provides for settlement of disputes between a board and any other local authority. The dispute should be such for which no provision is made elsewhere in this Act or in any other law for the time being in force. Clause (43) of Section 32 of the Rajasthan General Clauses Act, 1955 defines the 'local authority'. 'Local authority' shall mean a municipal board, committee, corporation or council, a district board, a Zila Parishad, a Panchayat Samiti, a panchayat or other authority legally entitled to, or entrusted by the Government with the control of management of a municipal or local fund. Thus, as per Clause (43) of section 32 of the Rajasthan General Clauses Act, 1955, the appellant- Panchayat Samiti and the respond-Municipal Board both are the local authorities within its definition. In this view of the matter, the suit between two local authorities as such was not entertainable by a civil court in view of the provisions under Sub-section (2) of Section 323 of the Act of 2009 and therefore, the judgments and decree passed by trial court as well as first appellate court cannot sustain and deserve to be set aside. Consequently, the civil second appeal is allowed and judgments and decree passed by trial court as well as first appellate court are set aside. The matter is remitted to the District Collector, Dungarpur under the provisions of Section 323 of the Act of 2009. The District Collector, Dungarpur shall take the cognisance of dispute involved in this case and proceed in accordance with law by affording the opportunity of hearing to all the parties. The parties to appear before the District Collector, Dungarpur on 8.3.2010. Since the matter has been remitted to the District Collector, Dungarpur, therefore, the application being IA No. 16636 filed by the applicant- Surendra Kumar seeking impleadment stands dismissed. Till the District Collector, Dungarpur decide the dispute finally, the status quo in respect of the disputed property shall be maintained by the parties. Stay petition stands disposed of accordingly." 2. Consequently, the present appeal is disposed of in terms of judgment rendered by a coordinate bench of this Court in SBCSA No.475/2006-Panchayat Samiti, Dungarpur v. Municipal Board, Dungarpur (supra).
Till the District Collector, Dungarpur decide the dispute finally, the status quo in respect of the disputed property shall be maintained by the parties. Stay petition stands disposed of accordingly." 2. Consequently, the present appeal is disposed of in terms of judgment rendered by a coordinate bench of this Court in SBCSA No.475/2006-Panchayat Samiti, Dungarpur v. Municipal Board, Dungarpur (supra). The impugned judgments and decree passed by the learned trial court and learned appellate court are set aside and the matter is remitted back to learned District Collector, Dungarpur, who shall decide the dispute in accordance with law by affording the opportunity of hearing to both the parties. The parties may appear before the learned District Collector, Dungarpur in the first instance on 14.06.2012. No costs. A copy of this order be sent to the respondent and learned courts below forthwith.Appeal disposed of. *******