PRAHLAD RAI PUNIA S/O HARU RAM PUNIA v. THE STATE OF RAJASTHAN
CW/17997/2025 · 2025-11-27
Anand Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46289 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46289 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:48123] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17997/2025 Prahlad Rai Punia S/o Haru Ram Punia, Aged About 58 Years, R/o Nawalgarh To Bidasar Marg, Punia Ka Bas, Sikar, District Sikar (Rajasthan) ----Petitioner Versus
1. The State Of Rajasthan, Through Additional Chief Secretary, Department Of Revenue, Govt. Of Rajasthan, Secretariat, Jaipur.
2. The District Collector, Sikar.
3. The Sub- Divisional Officer Sikar, District Sikar.
4. The Commissioner, Nagar Parishad Sikar, District Sikar.
5. Vishwalal Sharma S/o Shri Dwarka Prasad Sharma, R/o Ward No. 37, Devipura, Jaipur Road, Sikar, Tehsil And District Sikar. ----Respondents For Petitioner(s) : Ms. Anushree Sharma, Adv. Mr. Pradeep Beniwal, Adv. Mr. Vijay Dukiya, Adv. For Respondent(s) :
HON'BLE MR. JUSTICE ANAND SHARMA
Order 27/11/2025
1. It has been submitted by learned counsel for the petitioner that the respondent No.5 was raising illegal constructions contrary to the building by-laws, hence, a complaint was made by the petitioner on 19.02.2025 before the Zila Parisad, Sikar. Initially, one notice dated 26.03.2025 under Section 194/245 of Rajasthan Municipalities Act, 2009 was issued by Nagar Parishad, Sikar to respondent No.5, however, after receiving
[2025:RJ-JP:48123] (2 of 2) [CW-17997/2025] reply to the notice, on note-sheets directions for inspection and measurement of the constructions were given and on 28.08.2025, it was directed on note-sheet to issue a fresh notice to respondent No.5 for removing the constructions contrary to the permission granted by Nagar Parishad. Accordingly, notice dated 28.08.2025 (Annexure-5) was issued by the Commissioner, Nagar Parishad, Sikar to the respondent No.5, however, nothing has been done thereafter. On the contrary the respondent No.5 is still continuing illegal constructions.
2.
Learned counsel for the petitioner submits that petitioner will be satisfied, in case directions are issued to Nagar Parishad, Sikar for carrying out the legal action pursuant to notice dated 28.08.2025.
3. In the light of limited prayer made by learned counsel for the petitioner, this petition is disposed of with the direction to Commissioner, Nagar Parishad, Sikar for discharging his duties under Rajasthan Municipalities Act, 2009 and to take legal action as per notice dated 28.08.2025. It goes without saying that any action in furtherance of notice shall be taken strictly in accordance with law and after providing sufficient opportunity of hearing to the wrongdoer/affected persons as well as after making necessary enquiry.
4. Necessary action shall be taken within a period of 30 days from the date of receipt of certified copy of this order.
5. It is made clear that no opinion on merits has been expressed by this Court while disposing of the instant petition.
(ANAND SHARMA),J Jatin /02