Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 20486 (RAJ)

HARISH ARORA S/O SHRI KISHAN LAL v. MUNICIPAL CORPORATION, AJMER

CW/8575/2025 · 2025-05-30

Anoop Kumar Dhand

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:22689] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8575/2025 1. Harish Arora S/o Shri Kishan Lal, Aged About 64 Years, R/o 26/33, Subhash Colony, Topdara, Ajmer (Raj.) 2. Deepak Arora S/o Shi Kishan Lal, R/o 26/33, Subhash Colony, Topdara, Ajmer (Raj.) ----Petitioners Versus 1. Municipal Corporation, Ajmer, Through Commissioner 2. Dy. Commissioner, Municipal Corporation, Ajmer. ----Respondents For Petitioner(s) : Mr.R. S. Bhardwaj with Mr.Arvind Kumar JUSTICE ANOOP KUMAR DHAND Order 30/05/2025 1. By way of filing this writ petition, a challenge has been made to the impugned notice dated 19.05.2025, issued by the Municipal Corporation, Ajmer under Section 194 (10)(i) of the Rajasthan Municipalities Act, 2009 (for short, “the Act of 2009”). 2. Admittedly, the aforesaid order/ notice is appealable under Section 194(12) of the Act of 2009, it is the settled proposition of law that whenever an alternative statutory remedy of filing an appeal is available to a person, he cannot be allowed to bypass the jurisdiction of such authority. 3. On this count alone, the instant writ petition stands disposed of, granting liberty to the petitioner to file an appeal under Section 194(12) of the Act of 2009, before the statutory Appellate Authority, in case, any appeal is preferred by the petitioner within [2025:RJ-JP:22689] (2 of 2) [CW-8575/2025] a period of one week from today. The Appellate Authority would decide the appeal on merits, after affording due opportunity of hearing to both the parties expeditiously as early as possible, preferably within a period of two months thereafter, by passing a reasoned and speaking order. In case, the petitioner submits an application for stay, it is expected from the Appellate Authority to decide the same within a period of 15 days. 4. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /372