VIKAS BURAD S/O SHRI PRASANN CHAND BURAD v. THE STATE OF RAJASTHAN
CW/15923/2024 · 2025-09-15
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28837 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28837 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:37377] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.15923/2024 Vikas Burad S/o Shri Prasann Chand Burad, Aged About 52 Years, R/o Nursing Gali, Ward No. 14 Beawar, District Beawar (Rajasthan) ----Petitioner Versus
1. The State Of Rajasthan, Through Its Principal Secretary, Department Of Local Self, Secretariat, Jaipur.
2. The Director, Local Bodies, Government Of Rajasthan, Jaipur.
3. The Municipal Council, Beawar, Through Its Executive Officer.
4. Roop Chand Burad S/o Shri Manmal Burad, Burad Market, Katla, Near Panch Batti, Agrasain Market, Beawar, District Beawar (Rajasthan) ----Respondents For Petitioner(s) : Mr. Dinesh Kumar Garg JUSTICE ANOOP KUMAR DHAND
Order 15/09/2025
1.
Learned counsel for the petitioner submits that the respondent No.4, while encroaching over the subject land, has raised certain unauthorised constructions, for which a complaint was submitted by the petitioner before the Municipal Council, Beawer. Learned counsel submits that the Municipal Council, Beawer has issued notice to the respondent No.4 under Section 194 (10)(1)(h) of the Rajasthan Municipalities Act, 2009 (for short
“the Act of 2009”), but no action has been taken, hence under such circumstances, the petitioner approached the office of the Director, Local Bodies by way of filing revision petition under Section 327 of the Act of 2009. The said revision petition was
[2025:RJ-JP:37377] (2 of 2) [CW-15923/2024]
disposed of with directions to the Municipal Council to make inspection of the site and make an enquiry with regard to unauthorised construction raised by respondent No.4 on the subject land or not.
2.
Learned counsel for the petitioner submits that the aforesaid
order was passed by the Director, Local Bodies on 06.09.2023, but till date the said order has not been implemented, hence, interference of this Court is warranted.
3. This Court is not going into the controversy involved in this writ petition that as to whether the respondent No.4 while encroaching over the subject land, has raised any unauthorised construction or not, but looking to the fact that a detailed order has already been passed by the Director, Local Bodies directing the Commissioner, Municipal Council, Beawer to make an enquiry and inspection with regard to the allegations levelled by the petitioner against the respondent No.4, the Commissioner, Municipal Council, Beawer is directed to implement the order passed by the Director, Local Bodies and make necessary inspection/enquiry with regard to the allegations levelled by the petitioner on the spot after affording due opportunity of hearing to the respondent No.4.
4. Needless to observe that the entire exercise would be done by the respondents within a period of four weeks from the date of receipt of certified copy of this order.
5. Accordingly, the writ petition, stay application as well as all applications (pending, if any) stand disposed of.
(ANOOP KUMAR DHAND),J Karan/14