[2025:RJ-JP:43807] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16411/2025 Dayaram Yadav S/o Bakhtawar Singh, aged about 68 Years, R/o Plot No. B-157, Hasan Khan Mewat Nagar, Alwar, Tehsil and District Alwar, (Raj) ----Petitioner-Defendant Versus 1. Smt. Suman Devi W/o Late Shri Babulal Verma, R/o Plot No. A-94-95, Hasan Khan Mewat Nagar, Alwar, Tehsil and District Alwar (Raj.) 2. Secretary, Urban Improvement Trust, Alwar, Office, Bhagat Singh Circle, Alwar, Tehsil And District Alwar (Raj.) ----Respondents For Petitioner(s) : Mr. Vivek Gaur For Respondent(s) : HON'BLE MR. JUSTICE MANEESH SHARMA Order 01/11/2025 1. The present writ petition has been filed by the petitioner- defendant, challenging the order dated 16.10.2025 passed by the Civil Judge & Judicial Magistrate No.1, Alwar in CMC No.41/24/2025, whereby the learned court below allowed the application filed by the respondent-plaintiff under Section 151 of the Code of Civil Procedure, 1908 (CPC) and directed the UIT, Alwar to demolish the illegal construction on the disputed property and submit the status report of the same. 2. Learned counsel for the petitioner submits that since the plaintiff has separate remedy under Order 39 Rule 2A CPC for the alleged violation of the temporary injunction, therefore, without [2025:RJ-JP:43807] (2 of 3) [CW-16411/2025] availing the same, direction to UIT, Alwar ought not to have been issued on an application under section 151 CPC. 3. Heard and considered the submissions made by the learned counsel for the petitioner and perused the record. 4. From the record of the case, it is evident that the respondent-plaintiff filed a suit for mandatory injunction and permanent injunction against the petitioner-defendant and prayed that the petitioner may kindly be restrained from raising any illegal construction and should not violate the relevant UIT rules, while raising the construction. 5. Further, the learned Trial Court vide order dated 04.08.2025 has restrained the present petitioner and passed the following order:- ^^,slh fLFkfr esa ;fn izfroknh@vizkFkhZ la- 1 dks bl laca/k esa ikcan ugha fd;k tkrk gS rks oknh;k@izkFkhZ;k ds lEifRr ds fof/kd vf/kdkj ij foijhr izHkko iM+sxkA leLr rF;ksa ,oa ifjfLFkfr;ksa dks ns[krs gq, Vh-vkbZ- izkFkZuk i= ds fuLrkj.k rd ikcan fd;k tkrk gS fd utjh uD'kk layXu izkFkZuk i= esa nf'kZr ihys jax ds oknh;k@izkFkhZ;k ds edku dh ckmUMªh okWy ij fdlh izdkj dk fuekZ.k dk;Z ;k rksM+QksM+ dk dk;Z ugha djsaA blds vfrfjDr izfroknh@vizkFkhZ la- 1 uxj fodkl U;kl vf/kfu;e o muds rgr tkjh fu;eksa ds rgr lSVcSd NksM+dj fuekZ.k dk;Z djus gsrq Lora= gSA fu;eksa dh vogsyuk djus ij izfroknh@vizkFkhZ la- 2] izfroknh@vizkFkhZ la- 1 ds fo:) fu;ekuqlkj dk;Zokgh djus ds fy, Lora= gSA** 6. Despite passing of the said order and issuance of various notices by UIT, Alwar, the petitioner has not only violated the interim order, but has also raised the construction in violation of notices issued by the UIT, Alwar. Therefore, the learned Court below, after due examination of facts, has rightly issued a direction to UIT, Alwar to remove the illegal construction over the disputed property within a period of 15 days and further directed UIT, Alwar to submit the status report. [2025:RJ-JP:43807] (3 of 3) [CW-16411/2025] 7. It has been noticed by this Court that rampant illegal constructions are being raised without following the requisite local rules and leaving setbacks and despite passing of the interim order, the petitioner has raised construction not only violating the interim order, but also ignoring the notices issued by the UIT. Therefore, the direction so issued by the learned Trial Court to UIT, Alwar, to demolish the illegal construction cannot be said to be perverse in any manner. 8. Even otherwise, a bare look at the impugned order reveals that the impugned order does not suffer from any jurisdictional error, perversity, or legal infirmity so as to call for any interference under Article 227 of the Constitution of India. 9. Accordingly, the present writ petition fails and is hereby dismissed. 10. All other pending application(s), if any, stand disposed of. (MANEESH SHARMA),J SOURAV /5