LAKSHAY SHARMA S/O SURESH SHARMA v. THE STATE OF RAJASTHAN
CW/5886/2025 · 2025-04-23
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13824 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13824 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.5886/2025
1. Lakshay Sharma S/o Suresh Sharma, Aged About 36 Years, R/o Plot No. 96, Shilp Colony, Jothwara, Jaipur. 2. Hanuman Kumawat S/o Bhura Kumawat, Aged About 62 Years, R/o Plot No. 2 C, Shri Ramnagar, Jothwara, Jaipur. 3. Babulal Kumawat S/o Kaluram Kumawat, Aged About 62 Years, R/o Plot No. 1, Shri Ramnagar-A, Jothwara, Jaipur. 4. Ishwar Lal Kumawat S/o Hanuman Sahai, Aged About 53 Years, R/o 203, Shilp Colony, Jothwara, Jaipur. 5. Mitthan Lal Kumawat S/o Shankar Lal Kumawat, Aged About 65 Years, R/o B-113, Near Maharana Pratap School, Shri Ram Nagar, Jothwara, Jaipur. ----Petitioners Versus
1. The State Of Rajasthan, Through Principal Secretary, Secretariat, Jaipur Rajasthan. 2. District Collector, Collectorate, Collectorate Circle, Bani Park, Jaipur Rajasthan, Pin Code- 302006. 3. Municipal Corporation Jaipur Greater, Through Its Commissioner, Lal Kothi, Tonk Road, Jaipur, Rajasthan Pin Code- 302015. 4. Directorate Of Local Bodies Through Its Director, G-3, Rajmahal Residential Area, C-Scheme, Near Civil Fhatak, Jaipur, Rajasthan. 5. Jaipur Development Authority, Through Its Commissioner, Ram Kishor Vyas Bhawan, Indra Circle, Jawaharlal Nehru Marg, Jaipur- 302004 Rajasthan. ----Respondents For Petitioner(s) : None present JUSTICE ANOOP KUMAR DHAND Order 23/04/2025
(2 of 2) [CW-5886/2025]
1. By way of filing this writ petition, a challenge has been led to the impugned notice dated 11.03.2025 issued by the respondents against the petitioners under Section 245 of the Rajasthan Municipalities Act, 2009 (hereinafter referred to as “the Act of 2009”). 2. Admittedly, the aforesaid notice/order is appealable under Section 194(12) of the Act of 2009 but without availing the same, the petitioners have straight away approached this Court by way of filing this writ petition. 3. It is a settled proposition of law that whenever alternative efficacious statutory remedy of filing an appeal is available to a person, he cannot be allowed to bypass the jurisdiction of Appellate Authority. 4. In view of the above, instant writ petition stands disposed of granting liberty to the petitioners to approach the appropriate authority by way of filing an appeal. 5.
In case, any appeal is submitted by the petitioners before the Appellate Authority within a period of one month from today, the Appellate Authority is expected to hear and decide the same on its merits after affording due opportunity of hearing to all the respective parties, expeditiously as early as possible in accordance with law. 6. Stay application and all applications (pending, if any) also stand disposed of. (ANOOP KUMAR DHAND),J Karan/52