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2025 DAILYLAW 15661 (RAJ)

VEERI SINGH S/O SH. SAMLIYA SINGH v. THE STATE OF RAJASTHAN

CW/5718/2025 · 2025-07-04

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5718/2025 1. Veeri Singh S/o Sh. Samliya Singh, Aged About 79 Years, R/o Rajeev Colony, Bharatpur District Bharatpur (Raj.) 2. Rakesh Kumar S/o Sh. Veeri Singh, Aged About 55 Years, R/o Rajeev Colony, Bharatpur District Bharatpur (Raj.) ----Petitioners Versus 1. The State Of Rajasthan, Through Its Secretary, Department Of Urban Development And Housing, Government Secretariat, Jaipur (Raj.) 2. The District Collector, Collectorate Office Bharatpur District Bharatpur (Raj.) 3. The Commissioner, Municipal Corporation, Bharatpur District Bhratpur (Raj.) ----Respondents For Petitioner(s) : Mr. M.S.Saharan For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 04/07/2025 1. By way of filing this writ petition, a challenge has been led to the impugned notice dated 17.04.2025 issued under Section 194 of the Rajasthan Municipality Act, 2009 (for short, ‘the Act of 2009’). 2. Counsel for the petitioners submits that a contradictory notice has been issued to the petitioners by the respondents wherein on one hand they are saying that the petitioners have encroached upon the public land and on the other hand they are saying that without getting conversion of the land in question and without seeking permission to raise the construction, unauthorized (2 of 2) [CW-5718/2025] and illegal constructions have been raised on the subject land by them. Counsel submits that the petitioners are having a valid title over the subject land in question, hence the authorities have no power to issue such notice. Counsel submits that a detailed reply in the form of legal notice has been sent in the office of the respondents but no heed has been paid by them, hence under these circumstances, interference of this Court is warranted. 3. Whether the petitioners are occupants of the land in question on the basis of valid patta or not and whether they have raised unauthorized constructions over the same or not, all these are disputed questions of fact, which are required to be adjudicated by the respondent authorities. 4. Since the petitioners have already submitted their reply in the form of legal notice, it is the bounden duty of the respondents to consider the same and pass a reasoned and speaking order thereupon. The respondents are directed to look into the matter and decide the representation/reply of the petitioners expeditiously within a period of four weeks from today. 5. The present writ petition stands disposed of, accordingly. 6. Till four weeks, no coercive action shall be taken against the petitioners. 7. In case, any adverse order is passed against the petitioners, they would be at liberty to approach the appropriate forum of law for redressal of their grievance. (ANOOP KUMAR DHAND),J Ashu/6