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2025 DAILYLAW 10444 (RAJ)

SUNIL JAIN AND ORS. v. STATE OF RAJ.AND ORS.

CW/927/2006 · 2025-04-15

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:16148] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.927/2006 1. Sunil Jain S/o Shri Puran Chand Jain, 501, Shri Sudha Sagar Complex, Bhimganj Mandi, Kota Junction. 2. Puran Chand Jain S/o Shri Govind Jain, 501, Shri Sudha Sagar Complex, Bhimganj Mandi, Kota Junction. 3. Rekha Jain W/o Shri Kamal Kumar Jain, Shri Sudha Sagar Complex, Bhimganj Mandi, Kota Junction. ----Petitioners Versus 1. State of Rajasthan through the Secretary to the Government, Urban Development and Housing, Government, Jaipur. 2. Chief Executive Officer, Nagar Nigam, Kota. 3. Honble Minister for Urban Development and Housing, Government Secretariat, Jaipur. ----Respondents For Petitioner(s) : Mr.Dinesh Yadav For Respondent(s) : Mr.Shubhendra Singh for Mr.Vigyan Shah, AAG JUSTICE ANOOP KUMAR DHAND Order 15/04/2025 1. By way of filing this writ petition, a challenge has been led to the impugned order dated 17.01.2006 passed by the Department of Local Bodies by which the order granting status quo order was withdrawn. 2. The contents of the writ petition indicate that a notice was issued to the petitioner for removal of encroachment made by him from the property in question, after which the petitioner filed petition under Section 300 of the Rajasthan Municipalities Act, [2025:RJ-JP:16148] (2 of 2) [CW-927/2006] 1959 (hereinafter referred to as “the Act of 1959”) before the Department of Local Bodies. During pendency of the said application, the status quo order was passed on 23.11.2005 and the same was withdrawn on 17.01.2006 and factual report was summoned with regard to the illegal and unauthorised construction. 3. Aggrieved by the aforesaid order, the petitioner has approached this Court by way of filing the instant writ petition. The application submitted by the petitioner under Section 300 of the Act of 1959 is pending before the Department of Local Bodies since last more than 20 years, hence, it is expected from the Department concerned to decide the same expeditiously as early as possible, preferably within a period of two months from the date of receipt of certified copy of this order, strictly in accordance with law. 4. With the aforesaid observation, the instant writ petition stands disposed of. Let a copy of this order be sent to the Department of Local Bodies for deciding the petition, pending if any. 5. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma/51