[2025:RJ-JP:42187] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15791/2025 Anurag Agarwal Son Of Mr. Ram Ratan Agarwal, Aged About 50 Years, Resident Of Plot Number A 108, Bassi Sitarampura, Nehru Nagar, Jaipur. ----Petitioner Versus 1. Commissioner, Nagar Nigam Heritage, Jaipur Old Police Headquarter, Near Hawa Mahal, Jaipur. 2. Deputy Commissioner (Land), Nagar Nigam Heritage, Jaipur Old Police Headquarter, Near Hawa Mahal, Jaipur. 3. Deputy Commissioner, Nagar Nigam Heritage, Jaipur Old Police Headquarter, Near Hawa Mahal, Jaipur. 4. Director, Department Of The Local Body, Rajasthan Government, G-3, Rajmahal Residency, C-Scheme, Civil Lines Phatak, Jaipur. ----Respondents For Petitioner(s) : Mr. Rishikesh Maharishi For Respondent(s) : Ms. Vandana Chauhan HON'BLE MR. JUSTICE SANJEET PUROHIT Order 15/10/2025 1. With the consent of learned counsel for the parties, the matter is taken up for final hearing today. 2. Learned counsel for the petitioner submits that a Public Notice dated 07.08.2025 was issued mentioning therein that some irregularities have been found with regard to grant of pattas to the persons including the petitioner and they have been called upon to submit objection/explanation within a period of seven days. 3. The respondent No.2 - Deputy Commissioner (Land), Nagar Nigam Heritage, Jaipur, without considering the response/objection submitted by the petitioner and also without following the procedure provided under Section 73-B of the Rajasthan Municipalities Act, 2009 (for short ‘the Act of 2009’), has passed the order dated 13.09.2025 [2025:RJ-JP:42187] (2 of 3) [CW-15791/2025] and thereby, cancelled the Patta dated 29.09.2023 issued in favour of the petitioner. 4. Learned counsel for the petitioner further submits that the order so passed by the respondent- Municipal Corporation is wholly without jurisdiction and relied upon the order dated 15.12.2023 passed by Division Bench of this Court at Principal Seat, Jodhpur in D.B. Special Appeal Writ No.897/2023 (Kan Singh and Ors. Vs. State of Rajasthan and Ors.). Learned counsel for the petitioner submits that the procedure as provided under Section 73-B of the Act of 2009 has also not been followed. 5. Learned counsel appearing on behalf of the Municipal Corporation Heritage, Jaipur submits that for challenging the order for cancellation of patta, clear statutory remedy is provided under Section 73-B(4) of the Act of 2009. It was also informed that as a matter of fact, the petitioner has already preferred the statutory appeal and therefore, no adjudication at this stage is warranted from this Court. 6. This Court is of the opinion that once the petitioner has already availed the statutory remedy and the same is pending consideration before the Appellate Authority, the petitioner is free to pursue the aforesaid appeal and all the grounds raised in the present writ petition shall also be agitated before the Appellate Authority itself. 7. The Appellate Authority is directed to consider the same and pass an appropriate order within a period of three months from today in accordance with law. 8. Learned counsel for the petitioner submits that without awaiting for the outcome of the said appeal, the respondents-Authorities are dispossessing the petitioner and in similar matters, the interim protection has been granted by this Hon’ble Court. [2025:RJ-JP:42187] (3 of 3) [CW-15791/2025] 9. This Court is of the considered opinion that if the respondents are permitted to execute the order of cancellation of the patta without first deciding the appeal, the very purpose of incorporating the provisions providing for statutory appeal, would get frustrated. 10. Therefore, the respondents are restrained from taking any coercive action against the petitioner till final adjudication of the appeal so preferred by the petitioner. 11. With these observations, the present writ petition is disposed of accordingly. 12. Pending application(s), if any, stands disposed of. (SANJEET PUROHIT),J SAHIL SONI /4