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2025 DAILYLAW 18808 (RAJ)

BRIJESH KUMAR KUSHAVAH SON OF SHRI NEKRAM v. THE COLLECTOR

CW/7647/2025 · 2025-09-16

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7647/2025 Brijesh Kumar Kushavah Son Of Shri Nekram, Aged About 51 Years, Resident Of Pushpanjali Vihar Colony, Nursery Road, Dholpur (Rajasthan) ----Petitioner Versus 1. The Collector, Dholpur (Rajasthan). 2. The Municipal Council, Dholpur (Rajasthan) through its Commissioner. 3. The Commissioner, Municipal Council, Dholpur (Rajasthan) ----Respondents For Petitioner(s) : Mr. Tarun Verma For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 16/09/2025 1. The instant writ petition has been filed by the petitioner with the following prayer:- “It is, therefore, most respectfully and humbly prayed that your Lordships may graciously be pleased to accept and allow this writ petition and by an appropriate writ, order and direction: (i) Direct the respondents to restore and reconstruct the house on the land/plot in question which was illegally demolished in the late evening of 2nd April 2025 and early morning of 3rd April 2025 without giving any show notice and opportunity of hearing, even petitioner and his family was not allowed to remove their belongings, valuable articles and property. (ii) Direct the respondents to give huge compensation to the petitioner for their illegal action of demolition of house of the petitioner without giving any show cause notice and opportunity of hearing. Presently market value of the demolished house is Rs. 30,00,000/- (30 Lakh). (iii) Allow the writ petition with costs; (iv) Pass any other appropriate order or direction, which this Hon'ble Court may deem just and proper (2 of 2) [CW-7647/2025] in the facts and circumstances of the case, in favour of the plaintiffs-petitioners.” 2. By way of filing this writ petition, the petitioner is seeking direction against the respondents to restore and reconstruct the house of the petitioner which has been demolished by them on 02.04.2025 and 03.04.2025 without affording any opportunity of hearing and pay a compensation of Rs. 30 Lakhs for the aforesaid illegal unauthorized action of demolition of the house of the petitioner. 3. In the considered opinion of this Court, the aforesaid prayer sought by the petitioner cannot be granted by this Court in exercise of its writ jurisdiction contained under Section 226 of the Constitution of India. The petitioner has an alternative remedy of filing civil suit against the respondents for redressal of his grievances. 4. Accordingly, the present writ petition stands dismissed. Stay application and all pending application(s), if any, also stand dismissed. (ANOOP KUMAR DHAND),J Ashu/60