HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7406/2025 Manoj Sharma S/o Late Shri Chandramani Sharma, Aged About 52 Years, R/o Picture Place, Kumher Gate, Bharatpur. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Local Self Department, Govt. Of Rajasthan, Secretariat, Jaipur 2. Director, Local Self Department, Rajasthan, Near Civil Line Phatak, Jaipur 3. Commissioner, Municipal Corporation, Bharatpur ----Respondents For Petitioner(s) : Mr. Arun Singh Shekhawat For Respondent(s) : Mr. J.K. Moolchandani JUSTICE ANOOP KUMAR DHAND Order 22/05/2025 1. By way of filing of this writ petition, a challenge has been led to the impugned order dated 28.04.2025 passed by the Commissioner, Municipal Corporation, Bharatpur (for short ‘the Corporation’), by which lease issued in favour of the petitioner has been cancelled by the Corporation in exercise of its powers contained under Section 73(1)/73(b) of the Rajasthan Municipalities Act, 2009 (for short ‘the Act of 2009’). 2. Counsel for the petitioner submits that for cancellation of the lease deed, a suit was filed by the respondents before the Court of Civil Judge, Bharatpur and during pendency of the (2 of 3) [CW-7406/2025] same, the order impugned has been passed. Counsel submits that under these circumstances, interference of this Court is warranted. 3. Per contra, learned counsel for the respondents opposed the prayer and submitted that the impugned order dated 28.04.2025 is revisable under Section 327 of the Act of 2009 and without availing the statutory remedy of filing revision petition before the Revisional Authority, the petitioner has straightaway approached this Court by way of filing instant petition, hence, this petition is liable to be rejected on this count alone. 4. Heard and considered the submissions made at Bar and perused the material available on the record. 5. Without going into the merits, right, title and interest of the parties involved, but looking to the fact that the order dated 28.04.2025 passed by the Corporation is revisable under Section 327 of the Act of 2009, this Court refrains from entertaining the same on its merits and deems it just and proper to dispose of the instant writ petition granting liberty to the petitioner to file statutory revision petition under Section 327 of the Act of 2009 before the Revisional Authority. 6. 6. In case, the petitioner files a revision petition within a period of 15 days from today, it is expected from the Revisional Authority to decide the same expeditiously, as early as possible, preferably within a period of three months thereafter. 7. Till four months, no coercive action be taken against the petitioner. (3 of 3) [CW-7406/2025] 8. The Revisional Authority would be at liberty to decide the revision petition on its merits without being influenced by any of the observations made by this Court. 9. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/118