[2025:RJ-JP:16067] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5617/2023 Trilok Chand Agrawal S/o Late Hari Narayan Ji Agrawal, Aged About 49 Years, Resident Of 185, Purandar Ji Ki Dharmshala @ Purandar @ Pulandar Ji Ka Bagh @ Purandar Park, Moti Doongari Road, Jaipur. ----Petitioner Versus 1. State Of Rajasthan, Through Its Secretary, Department Of Urban Development And Housing, State Secretariat, Jaipur. 2. Jaipur Nagar Nigam (Greater), Through Its Chief Executive Officer, Near Vidhan Sabha, Lal Kothi, Tonk Road, Jaipur. 3. Deputy Commissioner, Malviya Nagar Zone, Jaipur Nagar Nigam (Greater) Near Vidhan Sabha, Lal Kothi, Tonk Road, Jaipur. ----Respondents Connected With S.B. Civil Writ Petition No. 5684/2023 Trilok Chand Agrawal S/o Late Hari Narayan Ji Agrawal, Aged About 49 Years, Resident Of 185, Purandar Ji Ki Dharmshala @ Purandar @ Pulandar Ji Ka Bagh @ Purandar Park, Moti Doongari Road, Jaipur. ----Petitioner Versus 1. State Of Rajasthan, Through Its Secretary, Department Of Urban Development And Housing, State Secretariat, Jaipur. 2. Jaipur Nagar Nigam (Greater), Through Its Chief Executive Officer, Near Vidhan Sabha, Lal Kothi, Tonk Road, Jaipur. 3. Deputy Commissioner, Malviya Nagar Zone, Jaipur Nagar Nigam (Greater) Near Vidhan Sabha, Lal Kothi, Tonk Road, Jaipur. ----Respondents [2025:RJ-JP:16067] (2 of 3) [CW-5617/2023] For Petitioner(s) : Mr. Sunil Samdaria with Mr. Arihant Samdaria For Respondent(s) : Mr. G.S. Gill, AAG with Mr. S.P.S. Rajawat Mr. Manoj Kumar JUSTICE ANOOP KUMAR DHAND Order 15/04/2025 By way of filing this petition a challenge has been made against the impugned notice dated 28.02.2023 issued by Deputy Commissioner Malviya Nagar, Jaipur Municipal Corporation greater, Jaipur by which the petitioner has been called upon to revoke his encroachment from the land in question. Learned counsel for the petitioner submits that the aforesaid notice has been issued by the respondent to the petitioner in the light of the order dated 22.02.2023 passed by this court in the case of Nizamuddin Vs. Municipal Corporation, Jaipur and others in SB Civil Writ Petition No. 5473/2022 counsel submits that subsequent to the aforesaid order one more order was passed by the Co-ordinate Bench of this court in the said petition on 27.03.2023. Counsel submits that the authority for order passed by Co-ordinate Bench of this court in the case of Nizamuddin (supra) were assailed before the Division Bench by a batch of special appeals and in the lead case Suo Motu Vs. Commissioner, JDA D.B. Civil Writ Petitioner (PIL) No. 12931/2023 the orders passed by the Coordinate Bench of this court in the case of Nizamuddin dated 27.03.2023 and 04.08.2023 were quashed and set aside. [2025:RJ-JP:16067] (3 of 3) [CW-5617/2023] Counsel submits that the basis and genesis of the impugned notices dated 28.02.2023 is the order passed by the Coordinate Bench in the case of Nizamuddin(Supra) has been quashed hence the notice issued to the petitioner in consequence thereon has become infructuous, hence appropriate orders be passed. Per contra learned counsel for the respondent opposed the prayer and made submission that though the orders dated 27.03.2023 and 04.08.2023 passed in the case of Nizamuddin(supra) have been quashed and set aside by the Coordinate Bench of this court while passing the order dated 21.05.2024 passed the following order in para-8 which reads as under:- “However, this order shall not come in the way of exercise of suo motu jurisdiction independent and outside the proceedings of pending writ petition No. 5473/2022. Writ petition No. 5473/2022 be placed for decision on its own merits before the appropriate Bench as per roster.“ Keeping in view the order passed by the Division Bench of this court i.e. 21.05.2024 the impugned notice dated 28.02.2023 stands quashed and set aside, however the order/direction passed by Division bench on 21.05.2024 in para-8 continue. (ANOOP KUMAR DHAND),J ashu /17