[2025:RJ-JP:26470] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.5668/2025 Mohd Sardar S/o Mohd Hussain, R/o H.no. 1859 Geejgarh House, Mohalla Mahawatan, Choukdi Topkhana Hujuri, Ghatgate Jaipur ----Petitioner Versus 1. Director Cum Ex-Officio Joint Secretary, Department Of Local Self Government, Rajasthan G-3 Rajmahal Residency, Near Civil Lines Phatak Jaipur 2. The Commissioner Heritage Nagar Nigam Jaipur, Old Phq Behind Hawa Mahal Road Badi Chopar Jaipur- 302003. 3. Dy. Commissioner, Hawamahal Zone (East), Heritage Nagar Nigam Jaipur. 4. Dy. Commissioner, Adarsh Nagar Zone (East), Heritage Nagar Nigam Jaipur, Jawhar Nagar Sector 4 Jaipur- 302004. 5. Dy. Commissioner, Kishan Pole Zone (East), Heritage Nagar Nigam Jaipur, 31 Mukti Marg, Shiv Shankar Colony, Janbta Colony, Cen Tral Jail Adarsh Nagar Jaipur 302007. 6. Salma Akhtar W/o Sh Akhtar Hussain, R/o H.no. 1856 Geejgarh House, Mohalla Mahawatan, Choukdi Topkhana Hujuri, Ghatgate Jaipur-302003. ----Respondents For Petitioner(s) : Mr. Deshraj Kalwania JUSTICE ANOOP KUMAR DHAND Order 16/07/2025 1. The instant writ petition has been filed by the petitioner with the following prayer:- “It is, therefore, humbly prayed that this Hon'ble Court be graciously enough to call for the entire record relating to the case and after examining the same further be pleased to pass the order and issue direction to respondent No. 2 to 4 to comply and execute the order dated 20.02.20 passed by learned Director Local Bodies and cancel the Patta No 483 issued on dated 05.01.15 by respondent No 3 in name of respondent No 6. Any other order which this Hon'ble Court founds fit & proper in favour of the petitioner may also kindly be passed looking to the facts and circumstances of the present case.” [2025:RJ-JP:26470] (2 of 3) [CW-5668/2025] 2. By way of filing this writ petition, the petitioner is seeking directions against the respondent Nos.2 to 4 to comply with the order dated 20.02.2020 passed by the Director, Local Bodies. 3. Learned counsel for the petitioner submits that patta of excess land was granted in favour of the respondent No.6 by the authorities and the aforesaid action of the authorities was assailed by the petitioner by way of filing revision petition before the Director, Local Bodies. Learned counsel submits that after hearing all the parties, the revision petition was disposed of by the Director, Local Bodies vide order dated 28.08.2019 and the matter was remanded to the Deputy Commissioner, Hawa Mahal Zone East, Municipal Corporation, Jaipur to re-inspect the site within a period of 60 days and pass appropriate orders. Learned counsel submits that when the aforesaid order was not complied within the above stipulated time again an application was submitted by the petitioner before the Director, Local Bodies and this time also the similar directions were reiterated vide order dated 20.02.2020 asking the Deputy Commissioner, Hawa Mahal Zone East Municipal Corporation, Jaipur Greater/Heritage Jaipur to look into the matter and pass appropriate orders within a period of 60 days after making physical inspection of the subject land. 4. Learned counsel for the petitioner further submits that inspite of passing of more than five years, the respondents are sitting over the matter and till date orders dated 28.08.2019 and 20.02.2020 passed by Director, Local Bodies have not been complied with, hence, appropriate directions be issued. 5. Heard and considered the submissions made at the Bar and perused the material available on record. [2025:RJ-JP:26470] (3 of 3) [CW-5668/2025] 6. Without entering into the controversy of the matter, but looking to the fact that not only once but twice the Director, Local Bodies have passed similar directions to the respondents vide orders dated 28.08.2019 and 20.02.2020 asking the Deputy Commissioner, Hawa Mahal to look into the matter within a period of 60 days and pass appropriate orders after making physical inspection of the subject land. 7. In the considered opinion of this Court, the Deputy Commissioner cannot be allowed to sit over the matter. More than five years have passed, but till date the aforesaid orders have not been complied with by the Deputy Commissioner for the reasons best known to him. 8. In view of above, the instant writ petition stands disposed of by issuing directions to the Deputy Commissioner, Hawa Mahal East, Municipal Corporation, Jaipur to act upon the directions issued by the Director, Local Bodies vide orders dated 28.08.2019 and 20.02.2020, expeditiously as early as possible, preferably within a period of 60 days after affording due opportunity of hearing to all the respective parties from the date of receipt of certified copy of this order. 9. Stay application as well as all applications (pending, if any) also stand disposed of. 10. Before parting with this order, it is made clear that this Court has not issued any order or direction to the respondents to look into the matter in a particular manner. They would be at liberty to decide the same strictly in accordance with law by passing a reasoned and speaking order. (ANOOP KUMAR DHAND),J Karan/44