[2025:RJ-JP:15659] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.5238/2025 1. Laxmi Rana, Wife of Late Shri Ajay Rana, Resident of Nursery Deodi, Narsingh Road, Dholpur (Raj.) 2. Ajeet Rana, Son of Late Shri Ajay Rana, Resident of Nursery Deodi, Narsingh Road, Dholpur (Raj.) 3. Preeti Rana, Daughter of Late Shri Ajay Rana, Wife of Shri Prashant Anuj, Resident of Nursery Deodi, Narsingh Road, Dholpur (Raj.) 4. Jayshree Rana, Daughter of Late Shri Ajay Rana, Wife of Shri Sanjay Singh, Resident of Nursery Deodi, Narsingh Road, Dholpur (Raj.) 5. Padamshree Rana, Daughter of Late Shri Ajay Rana, Wife of Shri Gorav Atri, Resident of Nursery Deodi, Narsingh Road, Dholpur (Raj.) 6. Renu Rana, Daughter of Late Shri Ajay Rana, Wife of Shri Raghuveer Singh, Resident of Nursery Deodi, Narsingh Road, Dholpur (Raj.) ----Petitioners Versus 1. State of Rajasthan, through Principal Secretary, Department of Local Self Government, Secretariat, Jaipur. 2. State of Rajasthan, through Principal Secretary, Urban Development and Housing Department, Secretariat, Jaipur. 3. Director and Joint Secretary, Department of Local Self Government, Government of Rajasthan, Jaipur. 4. Municipal Board, Dholpur, through Executive Officer, District Dholpur 5. Executive Officer, Municipal Board- Dholpur, District Dholpur 6. District Collector, Dholpur District ----Respondents For Petitioner(s) : Mr.Abhi Goyal Ms.Meenal Bhargava Mr.Siddharth Singh [2025:RJ-JP:15659] (2 of 3) [CW-5238/2025] JUSTICE ANOOP KUMAR DHAND Order 08/04/2025 1. By way of filing of this writ petition, a challenge has been made to the public notice dated 17.12.2024 passed by the Municipal Council, Dholpur by which the several orders have been passed under Section 194 of the Rajasthan Municipalities Act, 2009 (for short, “the Act of 2009”) for removal of encroachment within a period of seven days. 2. Admittedly, the aforesaid action of the respondents is appealable under Rule 194(12) of the Act of 2009, but without availing alternative statutory appeal under Section 194 (12) of the Act of 2009, the petitioner has straightaway approached this Court by way of filing this petition. 3. In the considered opinion of this Court, that whenever alternative statutory remedy is available to a person, he cannot be allowed to by-pass the jurisdiction of the said Authority. 4. In view of the above, the instant writ petition stands disposed of granting liberty to the petitioner to file statutory appeal under Section 194(12) of the Act of 2009 before the Appellate Authority. 5. In case, such appeal along-with stay application is submitted by the petitioner before the Appellate Authority within a period of three days from today, it is expected from the Appellate Authority to decide first, the stay application within a period of seven days and thereafter, by passing appropriate order and making all possible endeavours to decide the main appeal, expeditiously as [2025:RJ-JP:15659] (3 of 3) [CW-5238/2025] early as possible, preferably within a period of three months thereafter. 6. Stay application and all applications (pending, if any)also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /24