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2025 DAILYLAW 27151 (RAJ)

ATEEKUR RAHMAN S/O ATAUAR RAHMAN v. MUNICIPAL CORPORATION KOTA (NORTH)

CW/12218/2025 · 2025-08-14

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12218/2025 1. Ateekur Rahman S/o Atauar Rahman, Aged About 37 Years, R/o Sanjay Nagar, Gali No. 9, Shamshan Road, Bhimganj Mandi, Kota, District Kota (Rajasthan) 2. Sajid Hussain S/o Asharaf Ali, Aged About 46 Years, R/o Opp. Jama Masjid, Rangpur Road, Kota, District Kota (Rajasthan) 3. Abdul Halim S/o Abdul Rauf, Aged About 66 Years, R/o Jumma Disk Wale Ke Samne, Chandra Ghata, Kota, Rajasthan 4. Mohammad Ayyub S/o Abdul Kayyum, Aged About 37 Years, R/o 4-A-4, Main Road, Udiya Basti, Sanjay Nagar, Vigyan Nagar, Kota. 5. Shamshad Bee W/o Sajid Hussain, Aged About 38 Years, R/o Masjid Gali, Bhimganjmandi, Chandresal, Kota, Rajasthan. 6. Jumma Ahmad S/o Sultan Ahmad, Aged About 48 Years, R/o Kreshar Road, Anantpura, Ward No. 26, Anandpura @ Phoota Talab, Kota, Rajasthan (Rajasthan) 7. Shadab Arshad S/o Barkat Ali, Aged About 31 Years, R/o 716, Vikas Colony, Dadwada, Kota, District Kota (Rajasthan) 8. Aijaj Husain Kureshi S/o Istiyak Hussain Kureshi, Aged About 62 Years, R/o C-52, Indra Colony, Near Old Police Station, Vigyan Nagar, Kota. 9. Munni Begum W/o Nannu Khan, Aged About 42 Years, R/o Gali No. 7, Govind Nagar, Kota, Rajasthan. 10. Sohail S/o Abdul Rahim, Aged About 25 Years, R/o Nehru Nagar, Tel Ghar, Near Arya Samaj School, Ranpur, District Kota (Rajasthan) ----Petitioners Versus 1. Municipal Corporation Kota (North), Through Its Commissioner, Rajeev Gandhi Bhawan, Dusshera Maidan, Kota. 2. Municipal Corporation Kota (South), Through Its (2 of 4) [CW-12218/2025] Commissioner, Rajeev Gandhi Bhawan, Dusshera Maidan, Kota. ----Respondents For Petitioner(s) : Mr. Ajit Kaswa For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 14/08/2025 1. The instant writ petition has been preferred with the following prayer: “i) The respondents may kindly be directed to decide the representations/applications of the Petitioners in accordance with the directions issued in S.B. Civil Writ Petition 8274/2025 titled as "Nadeem Ansari & Ors. V/s State of Rajasthan & Ors." forthwith. ii) Any other order which the Hon’ble Court may deems fit and proper in the facts and circumstances of the case also be passed in favour of humble petitioners along with cost of writ petition.” 2. By way of filing this writ petition, a challenge has been led to the impugned seizure order, by which the meet shops of the petitioners have been seized by the respondents. Counsel submits that the aforesaid action of the respondents was assailed by the petitioners by way of filing S.B. Civil Writ Petition No.8274/2025 before this Court and the said petition was disposed of by this Court vide order dated 30.05.2025, by which a direction was issued to the respondents to decide the (3 of 4) [CW-12218/2025] application submitted by the petitioners for renewal of license expeditiously within a period of four weeks from the date of receipt of certified copy of the order. Counsel submits that in pursuance of the aforesaid order dated 30.05.2025, the petitioners submitted representation in the office of the respondents on 23.06.2025, but in-spite of passing of considerable time, till date, the order dated 30.05.2025 passed by this Court has not been complied and the application submitted by the petitioners seeking renewal of licence has not been decided, hence, the petitioners approached this Court seeking directions for implementation of the order dated 30.05.2025. 3. In the considered opinion of this Court the remedy available to the petitioners was to file a contempt petition, in case, any non-compliance is there on the part of the respondents. The petitioners are not supposed to approach this Court again with regard to the same prayer, which has already been granted in their favour in the earlier round of litigation. 4. Instead of relegating the petitioners with the remedy of filing contempt petition at this stage, this writ petition is disposed of with the directions to the respondents to comply with the order dated 30.05.2025 and decide the application dated 23.06.2025 submitted by the petitioners seeking renewal of licence expeditiously, as early as possible, preferably within a period of four weeks from the date of (4 of 4) [CW-12218/2025] receipt of certified copy of this order by passing a reasoned and speaking order. 5. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/21