Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:19732] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6292/2025
1. Riyajuddin S/o Bashiruddin, Aged About 68 Years, R/o House No. 455/c, Khasra No. 171-173, Masjid Modiyan, Purani Chungi, Delhi By-Pass Road, Jaipur.
2. Raisuddin S/o Bashiruddin, Aged About 60 Years, R/o House No. 455/c, Khasra No. 171-173, Masjid Modiyan, Purani Chungi, Delhi By-Pass Road, Jaipur.
3. Ehatramuddin S/o Bashiruddin, Aged About 53 Years, R/o House No. 455/c, Khasra No. 171-173, Masjid Modiyan, Purani Chungi, Delhi By-Pass Road, Jaipur. ----Petitioners Versus
1. State Of Rajasthan, Through District Collector, District Jaipur, Collectorate, Banipark, Jaipur.
2. Mayor, Nagar Nigam, Jaipur (Heritage), Badi Chopad, Jaipur.
3. Commissioner, Nagar Nigam, Jaipur (Heritage), Badi Chopad, Jaipur.
4. Deputy Commissioner, Hawamahal-Amer Zone, Nagar Nigam, Jaipur (Heritage), Near Chogan Stadium, Gangauri, Bazar, Jaipur. ----Respondents For Petitioner(s) : Mr. Mohammed Anees For Respondent(s) :
JUSTICE ANOOP KUMAR DHAND
Order 09/05/2025
1. Aggrieved by the notice dated 08.04.2025, the petitioners have approached this Court by way of filing this writ petition.
2. Admittedly, the notice under Section 194 of the Rajasthan Municipalities Act, 2009 (for short, ‘the Act of 2009’) is appealable
[2025:RJ-JP:19732] (2 of 2) [CW-6292/2025] under Section 194(12) of the Act of 2009 before the Appellate Authority but without availing the alternative remedy of filing an appeal, the petitioners have straightway approached this Court by way of filing this writ petition.
3. It is the settled proposition of law, whenever an alternative remedy of filing an appeal is available with a person, he cannot be allowed to bypass the jurisdiction of the said authority.
4. In view of the above, the instant writ petition stands
disposed of, granting liberty to the petitioners to file statutory appeal under Section 194(12) of the Act 2009 before the authority concerned. In case, such appeal is preferred by the petitioners within a period of two weeks from today, it is expected from the authority concerned to hear and decide the same expeditiously as early as possible, preferably within a period of two months and if any stay application is preferred by the petitioner then it would be decided within a period of one week strictly in accordance with law.
5. Stay application and all pending application(s), if any, also stand disposed of.
(ANOOP KUMAR DHAND),J Ashu/153