ZAHEER ABASS KHAN S/O SHRI SHAHID KHAN v. THE STATE OF RAJASTHAN
CW/19863/2025 · 2025-12-15
Anuroop Singhi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 43593 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43593 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:50543] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19863/2025 Zaheer Abass Khan S/o Shri Shahid Khan, Aged About 42 Years, Resident Of Plot No. 28, Udai Nagar, Street No. 2, Near Golden Bakery, Kalwar Road, Jhotwara, Jaipur 302012 ----Petitioner Versus
1. The State Of Rajasthan, Through Its Chief Secretary, Government Of Rajasthan, Secretariat, Jaipur.
2. Jaipur Development Authority, J.L.N. Marg, Jaipur Through Its Commissioner.
3. Commissioner, Municipal Corporation, Jaipur.
4. Deputy Commissioner, Municipal Corporation, Vidhyadhar Nagar Zone, Jaipur. ----Respondents For Petitioner(s) : Mr. Intjar Ali For Respondent(s) : Mr. S.P. Singh Rajawat, AGC for Mr. G.S. Gill, AAG HON'BLE MR. JUSTICE ANUROOP SINGHI
Order 15/12/2025
1. The present writ petition raises challenge to the notice dated 28.11.2025, issued by the Office of the Deputy Commissioner (Vidhyadhar Nagar Zone), Municipal Corporation, Jaipur, issued under Section 245 of the Rajasthan Municipalities Act, 2009, vide which the petitioner has been mandated to remove the encroachment stated in the said notice.
2. On instructions, Mr. S.P. Singh Rajawat, AGC, appearing on behalf of Mr. G.S. Gill, AAG, has put in appearance on behalf of the respondents.
[2025:RJ-JP:50543] (2 of 3) [CW-19863/2025]
3.
Learned counsel for the petitioner, at the very outset, submits that the case of the petitioner is similar to that of various other persons, who approached this Court by way of filing a writ petitions. One of them being S.B. Civil Writ Petition No.19318/2025 titled as Mohammad Iliyas Sheikh vs. The State of Rajasthan & Ors., wherein, vide order dated 10.12.2025, following directions were issued:-
“5. In view of the above, the present petition stands disposed of, granting an opportunity to the petitioner to appear before respondent No.4- Deputy Commissioner, Municipal Corporation, Vidhyadhar Nagar Zone, Jaipur on 12.12.2025, along with their representation and documents, if any, at 11:00 am.
6. It is expected from the concerned Authority to consider their representation after granting due opportunity of hearing and decide the same within 5 days thereafter. It goes without saying that, any action, if so proposed to be taken by the respondents, would be after the decision on the representation so made by the petitioners. With the above direction, the writ petition stands
disposed of.
7. It is needless to say that while granting the opportunity of hearing, the respondent No.4 would duly keep in mind the directions issued by the Division Bench in the order dated 31.07.2025.”
4. Considering the identical issue involved in the present matter, the present petition is also disposed of, granting an opportunity to the petitioner to appear before respondent No.4- Deputy Commissioner, Municipal Corporation, Vidya Nagar Zone,
[2025:RJ-JP:50543] (3 of 3) [CW-19863/2025] Jaipur, on 16.12.2025, along with his representation and documents, if any, at 2:00 pm.
5. It is expected from the concerned Authority to consider the representation after granting due opportunity of hearing and to decide the same within five days thereafter. It goes without saying that, any action, if so proposed to be taken by the respondents, would be after the decision on the representation so made by the petitioner.
6. It is needless to say that while granting the opportunity of hearing, the respondent No.4 would duly keep in mind the directions issued by the Division Bench vide order dated
31.07.2025.
7. Pending application(s), if any, shall stands disposed of.
(ANUROOP SINGHI),J DIKSHA MISHRA /1-C