[2025:RJ-JP:585] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16600/2022 1. Shri Kaushal Kumar Gupta S/o Omprakash Gupta, R/o Taga Stand, Anda Wali Gali, Alwar 2. Shri Vovil Kumar Gupta S/o Omprakash Gupta, R/o Taga Stand, Anda Wali Gali, Alwar ----Petitioners Versus 1. Commissioner, Nagar Parishad Alwar 2. Shri Pawan Kumar Gupta S/o Shri Khemchand Gupta, R/o Hanumanji Ki Gali, Mohalla Sidhipura, Alwar ----Respondents For Petitioner(s) : Mr. Dilip Sharma, Adv. Mr.Mohit Gupta, Adv. For Respondent(s) : Mr.G.P. Sharma, Adv. with Mr.Mahesh Gupta, Adv. Mr. Amit Kumar Sharma HON'BLE MR. JUSTICE AVNEESH JHINGAN Order 06/01/2025 1. This petition is filed seeking quashing of orders dated 09.06.2022 and 17.08.2022 cancelling the layout plan for construction of the plot in dispute and dismissing the appeal respectively. 2. The brief facts are that the petitioner on 31.08.2020 filed an application along-with documents and the map for getting Bhawan Nirman permission. The petitioner was granted permission on 13.12.2021, on deposit of an amount of Rs.1,70,000/-. The petitioner in the meantime approached the Civil Court as there was obstruction being created by Nagar Parishad for construction [2025:RJ-JP:585] (2 of 3) [CW-16600/2022] and the documents of title were demanded and supplied. The Bhawan Nirman permission granted on 13.12.2021 was cancelled by order dated 09.06.2022. The petitioner preferred an appeal and on failure the present petition is filed. 3. Learned counsel for the petitioner submits that the cancellation of the permission was on the ground that construction as per the sanction plan was not being carried out and petitioner had done encroachment. On specific instruction, counsel submits that petitioner of his own shall comply with all the objections with regard to unauthorized construction & encroachment and further construction would be carried out as per the approved plan. 4. Learned counsel for the respondent submits that a fresh application for permission for construction should be filed before the Nagar Parishad. 5. The contention of counsel for the respondent-Nagar Parishad lacks merit and shall result in multiplicities of proceedings. There are specific findings in the impugned order giving description of the encroachments and construction not being carried out as per the approved permissions. 6. In view of statement made by counsel for the petitioner, the impugned orders are set aside subject to the condition of petitioner removing the objection raised in the impugned order and filing an application thereafter with the Nagar Parishad along with prima facie proof of construction being carried out as per the approved plan. [2025:RJ-JP:585] (3 of 3) [CW-16600/2022] 7. In the eventuality of needful being done within six weeks from today, the Nagar Parishad shall process the application in accordance with law, undertake inspection of site and pass order. 8. The writ petition is allowed. (AVNEESH JHINGAN), J Chandan/HS/53 Reportable: No