FAMOUS MEAT HOUSE ANDORS v. DIRECTOR LOCAL BODIESANDORS
CW/12937/2016 · 2025-07-21
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16755 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16755 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:27138] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12937/2016
1. Famous Meat House, Through Prop. Mohammed Rahees Son Of Shri Nizamuddin, Kathputli Nagar, Bhawani Singh Road, Jaipur, Rajasthan
2. Janta Meat House, Through Prop. Mohameed Aabid Son Of Shri Mohammed Saeed, Kathputli Nagar, Bhawani Singh Road, Jaipur, Rajasthan
3. Raja Meat House, Through Prop. Shehzad Kureshi Son Of Shri Dildar Kureshi, Kathputli Nagar, Bhawani Singh Road, Jaipur, Rajasthan ----Petitioners Versus
1. The Director Local Bodies, Dlb Building, Near C-Scheme Railway Crossing, Jaipur, Rajasthan
2. Jaipur Nagar Nigam, Through Mayor, Office At Pandit Deendayal Upadhyay Bhawan, Lal Kothi, Tonk Road, Jaipur
3. Deputy Commissioner, Civil Lines Zone, Nagar Nigam Jaipur ----Respondents For Petitioner(s) : None present For Respondent(s) : None present JUSTICE ANOOP KUMAR DHAND
Order 21/07/2025
1. By way of filing this writ petition, a challenge has been led to the impugned seizure order dated 04.07.2016 issued by the Deputy Commissioner, Jaipur Municipal Corporation, Civil Lines Zone, Jaipur under Section 194(7)(f) of the Rajasthan Municipalities Act, 2009 (for short, “the Act of 2009”) by which the shops are ordered to be seized.
[2025:RJ-JP:27138] (2 of 3) [CW-12937/2016]
2. The aforesaid order passed by the Deputy Commissioner under Section 194(7)(f) of the Act of 2009 is appealable before the statutory Appellate Authority under Section 194(12) of the Act of 2009 and without availing the alternative statutory remedy of filing appeal, the petitioner has straightaway approached this Court, by way of filing this writ petition.
3. It is settled proposition of law that whenever alternative statutory remedy of filing appeal is available to a person, he cannot be allowed to by-pass the jurisdiction of said Authority.
4. On this count, the instant writ petition stands disposed of granting liberty to the petitioners approach the Appellate Authority, by way of filing an appeal under Section 194(12) of the Act of 2009.
5. In case, such appeal is preferred by the petitioners within a period of two weeks from today, it is expected from the Authorities concerned to decide the same, strictly in accordance with law, expeditiously as early as possible preferably within a period of three months thereafter, by passing a reasoned and speaking
order.
6. Since an interim order has been passed by this Court on 20.09.2016, the same would remain in currency for a period of six weeks.
7. Accordingly, the instant writ petition stands disposed of. Stay application and all pending application(s), if any, also stand
disposed of.
8. Since the petitioners have remained unrepresented before this Court, they are not aware about passing of this order, let a
[2025:RJ-JP:27138] (3 of 3) [CW-12937/2016] copy of this order be sent to the petitioners for their information, intimation and compliance of this order.
(ANOOP KUMAR DHAND),J Aayush Sharma /63