[2025:RJ-JP:26398] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13335/2021 Abdul Wahid Mansuri S/o Mehamood Khan @ Tofa Khan, Resident Of Near Police Station Amer, Pinaro Ka Mohalla, Town Amer, Tehsil Amer, District Jaipur. ----Petitioner Versus 1. The Secretary, Local Self Government, Urban Development and Housing Department, Secretariat, Jaipur. 2. The Director, Directorate of Local Bodies, Department of Local Self Government, G-3, Rajmahal Residencial Area, C-Scheme Near Civil Line Phatak, Jaipur-16, Rajasthan 3. The Chief Executive Officer, Jaipur Municipal Corporation Heritage, Old Phq, Behind Hawa Mahal, Badi Chaupar, Jaipur, 302003 4. The Mayor, Jaipur Municipal Corporation Heritage, Old Phq, Behind Hawa Mahal, Badi Chaupar, Jaipur, 302003 ----Respondents For Petitioner(s) : Mr.Deepak Sharma For Respondent(s) : Mr.Suryapratap Singh, Asst.GC. JUSTICE ANOOP KUMAR DHAND Order 15/07/2025 1. The instant writ petition has been filed by the petitioner with the following prayer:- “It is, therefore, most respectfully prayed that the respondents lordships may be pleased to allow this writ petition and may further be pleased:- (I) By Issuance of appropriate writ, order or direction, direct the respondents to allot vacant shop(s) available with them to the petitioner in [2025:RJ-JP:26398] (2 of 4) [CW-13335/2021] lieu of shop no. 12 and 13 situated at Amer Mawtha, Jaipur; (ii) By Issuance of appropriate writ, order or direction, direct the respondents to compensate the petitioner for the delay caused by the respondents in allotment of the shop(s) to the petitioner and also to pay interest @18% per annum for the delay; (iii) Any other order which this Hon'ble Court deems fit and in favour of petitioner may also be passed. (iv) to allow the cost of the writ petition in favour of the Petitioner.” 2. By way of filing this writ petition, the petitioner is seeking direction against the respondent to allot the available vacant shop to the petitioner in lieu of shop Nos.12 and 13 situated at Amer Mawtha, Jaipur. 3. Learned counsel for the petitioner submits that the petitioner purchased the aforesaid shops by participating in auction process, wherby the allotment was also made in his favour, but the possession of the same was not handed over for the reasons that respondents were of the view that the aforesaid shops were falling in forest area. Counsel submits that when the matter was processed at the level of the Government, an option was given to the petitioner to get alternative shops and the petitioner has accepted that option and submitted an application in this regard, but in spite of passing of considerable time, till date, no alternative shops have been allotted to the petitioner, hence, interference of this Court is warranted. [2025:RJ-JP:26398] (3 of 4) [CW-13335/2021] 4. Per contra, learned counsel for the respondents opposes the arguments raised by the counsel for the petitioner and submits that the shops in question, which were purchased by the petitioner in the auction process, are falling in the forest area, hence, the same cannot be allotted to him. Counsel submits that for allotment of alternative shops in lieu of the above shops, the matter is under consideration before the competent authority and the same is forwarded to the Commissioner Municipal Corporation, Jaipur Heritage, hence, interference of this Court is not warranted. 5. Heard and considered the submissions made at the Bar and perused the material available on record. 6. Considering the arguments put forward by counsel for the parties and looking to the fact that the petitioner is ready and willing to get alternative shops and the respondents are also ready and willing to allot him alternative shops and the matter is sub judice before the Commissioner Municipal Corporation, Heritage, the competent authority/ Commissioner Municipal Corporation, Jaipur Heritage cannot be allowed to sit over the matter for an indefinite period, he is supposed to pass appropriate orders expeditiously without any further delay. 7. Considering the factual aspect of the matter, the instant writ petition stands disposed of by issuing direction to the respondents/ Commissioner Municipal Corporation, Jaipur Heritage to pass reasoned and speaking appropriate orders within a period of eight weeks from the date of receipt of certified copy of this order. [2025:RJ-JP:26398] (4 of 4) [CW-13335/2021] 8. Accordingly, the instant writ petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /71