MUNNI KANWAR v. GANPAT LAL YADAV S/O LATE SHRI BHONRILAL YADAV
CW/7084/2025 · 2025-11-04
Sanjeet Purohit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42835 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42835 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:44236] (1 of 4) [CW-7084/2025] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7084/2025
1. Munni Kanwar, W/o Raghunath Singh
2. Jagdish S/o Shri Raghunath Singh
3. Tanwar Singh S/o Shri Raghunath Singh, All Residents of Ghiya Wali Bavdi, Jeen Mata Tehsil Dantaramgarh, District Sikar, Rajasthan Through Power of Attorney Holder Shailendra Kumar S/o Shri Ghanshyam Das, Presently Residing At Plot No. 113, Naveen Enclave, Paldi Meena, Agra Road, Jaipur, Rajasthan. 4. Bhanwar Kanwar, D/o Shri Raghunath Singh,
5. Manju Kanwar D/o Shri Raghunath Singh, Both Resident Of Badavara, Chhoti Khatu, Tehsil Deedwana, District Nagaru, Through Power Of Attorney Holder Shailendra Kumar S/o Shri Ghanshyam Das, Presently Residing At Plot No. 113, Naveen Enclave, Paldi Meena,agra Road, Jaipur, Rajasthan. 6. Shailendra Kumar S/o Shri Ghanshyam Das, Presently Residing At Plot No. 113, Naveen Enclave, Paldi Meena,agra Road, Jaipur, Rajasthan.power of Attorney Holder Of Munni Kanwar, Jagdish Singh, Tanwar Singh, Bhanwar Kanwar, Manju Kanwar ----Petitioners Versus
1. Ganpat Lal Yadav S/o Late Shri Bhonrilal Yadav, R/o Near Indian Oil Petrol Pump, Chandpole Bazar, Jhotwara, Jaipur, Rajasthan through LR’s:- 1/1 Suraj Devi w/o Late Shri Ganpat Lal Yadav, aged about 80 years, R/o A-235, Nehru Nagar, Rajendra Prasad Marg, Jaipur, Rajasthan-302016. 1/2 Kailash Chand Yadav S/o Late Shri Ganpat lal Yadav, R/o A-235, Nehru Nagar, Rajendra Prasad Marg, Jaipur, Rajasthan-302016. 1/3 Smt. Santosh Yadav w/o Shri Mahaveer Prasad, D/o Shri Ganpat Lal Yadav R/o A-235, Nehru Nagar, Rajendra Prasad Marg, Jaipur, Rajasthan-302016. 1/4 Mahendra Yadav S/o Shri Ganpat Lal Yadav, R/o A- 235, Nehru Nagar, Rajendra Prasad Marg, Jaipur, Ra- jasthan-302016. 1/5 Smt. Kamla Devi W/o Shri Sitaram Yadav, D/o Shri Ganpat Lal Yadav, R/o A-235, Nehru Nagar, Rajendra Prasad Marg, Jaipur, Rajasthan-302016. 1/6 Surendra Yadav S/o Shri Ganpat Lal Yadav, R/o A-235, Nehru Nagar, Rajendra Prasad Marg, Jaipur, Rajasthan-
302016. 1/7 Smt. Manju Yadav W/o Shri Rakesh Balwan, R/o A-
[2025:RJ-JP:44236] (2 of 4) [CW-7084/2025] 235, Nehru Nagar, Rajendra Prasad Marg, Jaipur, Ra- jasthan-302016. ………...Respondents / Appellants
2. Nagar Nigam Jaipur (Heritage), Pandit Dindayal Upadhyay Bhawan, Lalkothi, Tonk Road, Jaipur through Chief Execu- tive Officer. 3. 4. 5. Deputy Commissioner, Nagar Nigam Kishanpole Zone, Of- fice Ghatgate, Jaipur, Jaipur Rajasthan. Shri Nagendra Singh adopted son of late Thakur Mangal Singh, r/o Sankhugarh, District Churu, at present Sankhu House, Far Choraha, District Bikaner, Rajasthan.
Shree Shyam Build Structure Pvt. Ltd. having its regis- tered office at Shop No.7, Diwan Market, Sikar, Rajasthan through its Director Shri Vinod Kumar Jalan, through its Authorized Representative and power of attorney holder Shri Bharat Kumar Todi son of Shri Ishwar Chand Todi. ---Performa-Respondents For Petitioner(s) : Mr. Sanjay Yadav For Respondent(s) : Mr. Deepak Sharma Ms. Vandana Chauhan for respon- dents No.2 & 3 Mr. Rahul Kamwar HON'BLE MR. JUSTICE SANJEET PUROHIT
Order 04/11/2025
1. Mr. Deepak Sharma, Advocate on behalf of respondent Nos. 1/2, is directed to accept notices of respondent No.1/1, 1/3 to 1/7.
2. Ms. Vandana Chauhan, Advocate appears on behalf of respondents No.2 and 3 - Nagar Nigam Jaipur (Heritage).
3. Service is therefore complete.
4. An application (3/2025) has been filed on behalf of the applicants - Shri Nagendra Singh adopted son of Late Thakur Mangal Singh, (2) Shree Shyam Build Structure Pvt. Ltd. for impleading as party respondents. Learned counsel for the petitioners does not oppose the prayer.
[2025:RJ-JP:44236] (3 of 4) [CW-7084/2025]
5. In view of the reason mentioned, the application (3/2025) is allowed. Applicants (1) Shri Nagendra Singh (2) Shree Shyam Build Structure Pvt. Ltd. are allowed to be impleaded as party respondents.
7. Amended cause titled filed by the petitioner is ordered to be taken on record.
8. With the consent of the counsel appearing for the parties, the writ petition is finally heard today itself.
9. By way of the present writ petition, petitioners have challenged the judgment dated 21.12.2021 passed by the Divisional Commissioner, Jaipur, whereby the appeal filed by the respondents has been allowed and the order dated 08.07.2019 passed by the District Collector, Jaipur in case No.27/2017 has been set aside. Petitioner has assailed the order on the ground that the order impugned is clearly affecting rights of the petitioner adversely but the same is passed without impleading him as party respondent and without affording any opportunity of hearing to the petitioner.
10. Counsel for the Parties are ad idem that certain disputed questions of facts are involved in the present writ petition and the requires adjudication by the original authority. Hence, they are agreeable that the matter be remanded back for fresh adjudica- tion to the District Collector, Jaipur who has passed the original
order dated 08.07.2019.
11. In view of above, the judgment dated 21.12.2021 passed by the Divisional Commissioner, Jaipur and the order dated 08.07.2019 passed by the District Collector, Jaipur are set aside and the matter is remanded back to the District Collector, Jaipur
[2025:RJ-JP:44236] (4 of 4) [CW-7084/2025] with a direction to decide the case afresh after affording an opportunity of hearing to all the interested / aggrieved parties. Liberty is granted to the petitioner to move appropriate application for his impleadment as party to the proceedings and the same shall be decided by the District Collector judiciously. The pastries will be at liberty to make all submissions and raise all issues / ob- jections, which shall be considered and decided in accordance with law.
12. With the aforesaid directions, the writ petition stands dis- posed of.
13. Stay application and pending application, if any, also stand
disposed of.
(SANJEET PUROHIT),J TN/18