[2025:RJ-JP:22688] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8762/2025 Smt. Abha Saxena W/o Late Shri Pradeep Kumar Divedi, D/o Late Shri Satish Chandra Saxena, Aged About 65 Years, R/o Rajniketan Near Deputy Ji Ka Mandir, Ward No. 19, Jhalawar (Rajasthan). ----Petitioner Versus 1. The State Of Rajasthan, Through Additional Chief Secretary/principal Secretary, Urban Development And Housing Department (Udh), Govt. Of Rajasthan, Secretariat, Jaipur 2. The Commissioner, Municipal Council, Jhalawar. 3. Prabhat Kumar Saxena, S/o Late Dr. Shri Satish Chandra Saxena 4. Sushree Archana Saxena, D/o Late Dr. Shri Satish Chandra Saxena 5. Smt. Tripti Saxena (Jain) W/o Shri Prabhat Kumar Saxena, D/o Late Shri Arvind Kumar Jain 6. Sumit Kumar Saxena, S/o Shri Prabhat Kumar Saxena 7. Dr. Suprabh Saxena S/o Shri Prabhat Kumar Saxena, All R/o Near Radha Raman Mandir, Jhalawar, Rajasthan. ----Respondents For Petitioner(s) : Mr.Prakash Chand Yadav 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 08.10.2024 issued by the Municipal Counsil, Jhalawar under Sections 194 and 245 of the Rajasthan Municipalities Act, 2009 (for short, “the Act of 2009”). [2025:RJ-JP:22688] (2 of 2) [CW-8762/2025] 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 a period of one week from today. The Appellate Authority would decide the appeal on its 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 /374