RAMCHARAN SAINI S/O RAMJILAL v. STATE OF RAJASTHAN
CW/11891/2025 · 2025-08-08
Anoop Kumar Dhand
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 40269 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40269 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11891/2025 Ramcharan Saini S/o Ramjilal, Aged About 60 Years, R/o Ward No. 7, Mahuwa, District Dausa, Rajasthan. ----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Department Of Local Self Government, Government Of Rajasthan, Government Secretariat, Jaipur, Rajasthan.
2. The Director, Department Of Local Bodies, Rajasthan, G- 3, Rajmahal Residence Area, Civil Lines Phatak, C- Scheme, Jaipur, Rajasthan.
3. Executive Officer, Municipality Mahuwa (Dausa), Rajasthan. ----Respondents For Petitioner(s) : Mr. Kapil Bhardwaj For Respondent(s) :
JUSTICE ANOOP KUMAR DHAND Order 08/08/2025
1. Counsel for the petitioner submits that upon the application submitted by the petitioner, he was allowed to run the nursery on the subject land for a period of three years and No objection Certificate (NOC) has also been issued by the Executing Officer of the Municipal Board, Mahuwa District Dausa on 18.12.2024. Counsel submits that inspite of the above, the respondents have demolished certain part of the petitioner’s construction on the subject land without following the due process of law and without considering the permission/NOC issued by the Municipal Board,
(2 of 2) [CW-11891/2025] hence under these circumstances, interference of this Court is warranted.
2. Heard and considered the submissions made at Bar and perused the material available on record.
3. This Court is not going into the controversy involved in this matter, it is for the authority to look into the matter in the light of the NOC issued in favour of the petitioner by the Municipal Board vide order dated 18.12.2024, this Court deems t just and proper to dispose of the present writ petition, granting liberty to the petitioner to submit an application before the Municipal Board. In case, such application is submitted by the petitioner before the Municipal Board within a period of one week from today, it is expected from the authorities concerned to decide the same expeditiously within a period of three weeks thereafter.
4. For a period of four weeks, no coercive action shall be taken against the petitioner.
5. Before parting with this order, it is made clear that this Court has not issued any order/direction to the respondents to decide the application of the petitioner in a particular way, the respondents would be at liberty to decide the same strictly in accordance with law.
(ANOOP KUMAR DHAND),J Ashu/4