KESHA MAL KHANWANI S/O ROCHA MAL KHANWANI v. STATE OF RAJASTHAN
CW/16063/2025 · 2025-10-17
Sanjeet Purohit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42122 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42122 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:42586] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16063/2025 Kesha Mal Khanwani S/o Rocha Mal Khanwani, Aged About 75 Years, Plot No. A-10, Bassi Sitaram Pura, Nehru Nagar Pani Pech Jaipur ----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Local Self Department, Govt. Of Rajasthan, Secretariat, Jaipur.
2. Director, Local Self Department, Rajasthan, Near Civil Line Phatak, Jaipur.
3. Commissioner, Municipal Corporation, Jaipur Heritage, Old Police Head Quarter, Hawamahal, Jaipur.
4. Dy. Commissioner (Land), Municipal Corporation, Jaipur Heritage, Old Police Head Quarter, Hawamahal, Jaipur. ----Respondents For Petitioner(s) : Mr. Pallav Choudhary For Respondent(s) : Ms. Vandana Chauhan HON'BLE MR. JUSTICE SANJEET PUROHIT
Order 17/10/2025
1.
Learned counsel for the petitioner submits that the respondent – Municipal Corporation Heritage, Jaipur has cancelled the Patta while exercising the powers under Section 73(B) of the Rajasthan Municipalities Act, 2009 against which a statutory appeal as provided in Section 73(B)(4) of the Act, has been preferred, however, without awaiting the outcome of the said appeal, the respondent authorities have issued notice(s) and are pressing hard for dispossession of the petitioner. Learned counsel for the petitioner submits that if the respondents are permitted to execute the order of cancellation of Patta even prior to adjudication of the statutory appeal, the very purpose of filing the same would get frustrated.
2.
Learned counsel for the petitioner has relied upon a similar order dated 14.10.2025 passed by this Court in the case of M/s Agarwal
[2025:RJ-JP:42586] (2 of 2) [CW-16063/2025] Builders & Colonizers v. State of Rajasthan & Anr. (S.B. Civil Writ Petition No.14560/2025) and other connected matter.
3. In view of the submissions made herein above, the present writ petition is also disposed of with a direction to the Appellate Authority to decide the appeal so preferred by the petitioner within a period of three months from today after granting an opportunity of hearing to the petitioner, in accordance with law.
4. In the meantime, no coercive action shall be taken against the petitioner till the final adjudication of the appeal.
5. Pending application(s), if any, also stands disposed of.
(SANJEET PUROHIT),J SAHIL SONI /1