[2025:RJ-JP:9840] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19529/2024 Smt Koshar Jahan W/o Mohammad Wasim, Aged About 32 Years, Resident Of Goal Haveli, Payaga, Moti Bagh Toad, District Tonk. ----Petitioner Versus 1. The State Of Rajasthan, Through Principal Secretary, Department Of Local Self Govt. Department, Secretariat, Jaipur. 2. Nagar Parishad, Tonk, Through Its Commissioner, District Tonk (Raj.) 3. District Collector, District Tonk (Raj.) ----Respondents For Petitioner(s) : Mr. Mohammed Anees For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 05/03/2025 1. Instant civil writ petition under Article 226 of the Constitution of India has been filed by petitioner, seeking prayer against the respondent- Nagar Parishad, Tonk to reinstall the dairy booth of petitioner at the particular place, i.e., Goal Haveli payaga, Moti Bagh Road, District Tonk. 2. Having heard counsel for petitioner and from perusal of pleadings and the documents available on record, it appears that petitioner was allotted a dairy booth by the Nagar Parishad, Tonk vide allotment Letter dated 11.01.2019 and the location to establish such dairy booth was identified at the place i.e. Goal Haveli Payaga, Moti Bagh Road, District Tonk. [2025:RJ-JP:9840] (2 of 3) [CW-19529/2024] 3. It appears that one person, namely, Mr. Prakash Chand made a complaint to install the dairy booth at place Goal Haveli Payaga, Moti Bagh Road, District Tonk, which is allegedly located in front of his residential house and in order to remove the dairy booth, he preferred the writ petition being S.B. Civil Writ Petition No.11696/2020 before the High Court. This writ petition was disposed of vide order dated 14.10.2020 by the High Court, granting him liberty to submit a Representation before the concerned District Collector, who was directed to consider the same. 4. It appears that in pursuance thereof, the Nagar Parishad Tonk has changed the location of the booth of petitioner to a new place, i.e. Vivekanand Circle ke Saamne Gandhi Khel Maidan ke Bahar, Tonk vide Letter dated 17.05.2024 (Annx.6) and the dairy booth of petitioner from Goal Haveli Payaga, Moti Bagh Road, District Tonk has been removed. 5. Counsel for petitioner, having instructions from the petitioner, submits that dairy booth of petitioner has not been established at the new place till date and otherwise, at that place two dairy booth are already operational, hence, the possibility to run third dairy booth at that place is much lower. 6. Counsel for petitioner, without insisting the prayer to re- install the dairy booth at the previous place i.e. Goal Haveli Payaga, Moti Bagh Road, District Tonk makes a limited prayer that petitioner may be allowed to submit a representation before the respondents to re-consider her grievance and to allot any other [2025:RJ-JP:9840] (3 of 3) [CW-19529/2024] new place for establishment of her dairy booth so that petitioner may earn her livelihood by operating the dairy booth. 7. Since petitioner is not insisting for re-installment of dairy booth at the previous place i.e. Goal Haveli Payaga, Moti Bagh Road, District Tonk, the prayer made in the writ petition to this effect has rendered infructuous, however, considering the grievance of petitioner, petitioner is permitted to submit a representation before the respondents within a period four weeks making a prayer to allot any other appropriate place, other than Vivekanand Circle ke Saamne Gandhi Khel Maidan ke Bahar, Tonk. If any such representation is filed, respondents are directed to consider the grievance of petitioner and passed appropriate orders expeditiously not beyond the period of four weeks from receipt of representation. 8. With aforesaid observations, instant writ petition stands disposed of. 9. Stay application and other pending application(s), if any, also stand disposed of. (SUDESH BANSAL),J NITIN /278