JUDGMENT 1. - Petitioner, an ex-Ward Member of Municipal Board, Padampur and so-called social activist, has preferred this writ petition to challenge resolution No.10 dated 10.07.2015 (Annex.6) adopted by the Municipal Board, Patampur District, Sri Ganganagar. 2. In the petition, it is, inter-alia, averred that Shri Arut Seva Samiti, Padampur a registered society has applied for allotment of land before the Municipal Board at concessional rate for construction of Dharamshala and pursuant to their application, impugned resolution has been taken by the Municipal Board and same has been sent for approval to the State Government. Precisely, the petitioner has submitted that the Society is not fulfilling the requisite condition for allotment of land at concessional rate as per the policy for allotment of land at concessional rate to Public Charitable and Social Organisation/Institutions in Urban Areas of Rajasthan. It is specifically pleaded by the petitioner that a Society or the Institution having three years prior registration is eligible for allotment of the land at concessional rates. 3. I have heard learned counsel for the petitioner and perused the averments contained in the writ petition. 4. At the outset, it may be observed that so far resolution adopted by the Municipal Board has not culminated into allotment in favour of the Society and therefore, the writ petition is premature. Even assuming that any resolution has been taken by the Municipal Board then too the petitioner can very well avail the remedy for suspension/cancellation of the resolution before the appropriate authority as per Section 312 of the Rajasthan Municipalities Act, 2009 (for short, 'Act of 2009') or to avail remedy of revision under Section 327 of the Act of 2009. 5. From the averments made in the writ petition, I am aghast to observe that this petition has been designed with some political considerations and as a matter of fact the locus of the petitioner is seriously questionable. Without entering into the merits of the case and the resolution adopted by the Municipal Board, suffice it to observe that the petition is also liable to the thrown away solely on the ground of non-joinder of necessary parties.
Without entering into the merits of the case and the resolution adopted by the Municipal Board, suffice it to observe that the petition is also liable to the thrown away solely on the ground of non-joinder of necessary parties. As a matter of fact the impugned resolution was adopted by the Municipal Board, Padampur for allotment of land at concessional rate to Shri Arut Seva Samiti Padampur which is a registered Society but that Society has not been arrayed as respondent in the writ petition. That apart in the writ petition, there are serious disputed questions of fact which can not be gone into in exercise of extra-ordinary jurisdiction of this Court enshrined under Article 226 of the Constitution of India. 6. Resultantly, petition fails and the same is hereby dismissed summarily.Writ Petition Dismissed. *******