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2025 DAILYLAW 14072 (RAJ)

SURESH BAJ v. THE MUNICIPAL CORP JAIPUR AND

CW/4919/2008 · 2025-02-27

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:8751] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4919/2008 Suresh Baj Son Of Late Shri Kapoor Chand Baj, 223, Haldiyon Ka Rasta, Johri Bazar, Jaipur ----Petitioner Versus 1. The Municipal Corporation, Through Its Chief Executive Officer Head Quarter, Lalkothi Tonk Road, Jaipur 2. The Zonal Commissioner, Hawa Mahal Zone (East), Nagar Nigam, Jaipur 3. State Of Rajasthan Through The Chief Secretary Govt. Of Rajasthan, Secretariat, Jaipur 4. Kamlesh Khandelwal S/o Late Shri Bajrang Lal Khandelwal, resident of Plot No. 16, Purani Chungi Choki Ke Pichhe, Ajmer Road, Jaipur 5. Smt. Sunita Khandelwal W/o Kamlesh Khandelwal, resident of Plot No. 16, Purani Chungi Choki Ke Pichhe, Ajmer Road, Jaipur 6. Mahesh Khandelwal Son Of Late Shri Bajrang Lal Khandelwal, resident of Plot No. 16, Purani Chungi Choki Ke Pichhe, Ajmer Road, Jaipur 7. Smt. Santosh Khandelwal W/o Mahesh Khandelwal, 16, Purani Chungi Choki Ke Pichhe, Ajmer Road, Jaipur 8. Nawal Khandelwal Son Of Late Shri Bajrang Lal Khandelwa, resident of Plot No. 16, Purani Chungi Choki Ke Pichhe, Ajmer Road, Jaipur ----Respondents For Petitioner(s) : Mr. Vimal Choudahry For Respondent(s) : Mr. Ashwani Gupta for respondent No.4 to 7 HON'BLE MR. JUSTICE SUDESH BANSAL Order 27/02/2025 1. Instant writ petition was filed by petitioner way back on 13.05.2008, seeking to restrain the respondents from carrying out commercial activities in the residential house no.223 Haldiyon Ka Rasta, Johri Bazar, Jaipur. [2025:RJ-JP:8751] (2 of 2) [CW-4919/2008] 2. Learned counsel for the respondents, having information from respondents, submits that petitioner has passed away and prior to that he had sold his plot. 3. In rebuttal, counsel for the petitioner submits that petitioner has not turned up in his office since years after filing the writ petition and he is not in a position to corroborate the statement of counsel for the respondents. 4. Considering the issue involved in the writ petition and the fact that there is nothing on record that, after filing of the writ petition the commercial activities in the residential house in question are continuing and cause of action is surviving, as also taking into consideration the statement of learned counsel for the respondents, the proceedings of instant writ petition are hereby closed and writ petition is hereby dismissed off. However, in case, any cause of action survives or new cause of action arises in the subject matter, the petitioner or affected person would be at liberty to take legal recourse of law. 5. Pending application, if any, stands disposed of. (SUDESH BANSAL),J TN/200