KISHAN CHANDEL S/O PRABHU LAL CHANDEL v. STATE OF RAJASTHAN
CW/11043/2026 · 2026-07-03
Anand Sharma
body2026
DailyLaw.ai
[ 2026 DAILYLAW 10038 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 10038 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:24785] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11043/2026 URN: CW / 24555U / 2026 Kishan Chandel S/o Prabhu Lal Chandel, Aged About 44 Years, R/o 6, Maliyon Ka Mohalla, Mandi Khatikan, Near Chardarwaja, Tripoliya Bazar, Jaipur. ----Petitioner Versus
1. State Of Rajasthan, Through Secretary, Urban Development And Housing Department, Government Secretariat, Jaipur.
2. Commissioner, Nagar Nigam Heritage, Jaipur Nagar Nigam, Jaipur.
3. Deputy Commissioner, Hawa Mahal Amer Zone, Nagar Nigam Heritage, Jaipur.
4. Commissioner, Vigilance, Nagar Nigam Heritage, Jaipur. ----Respondents For Petitioner(s) : Mr. Sanjay Joshi, Adv. For Respondent(s) :
HON'BLE MR. JUSTICE ANAND SHARMA
Order 03/07/2026
1. By way of filing this writ petition, the petitioner has prayed for following reliefs:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to: (i) Issue an appropriate writ, order or direction, thereby directing the respondent No.3 not to shop repair work of the petitioner's Shop No. D-97, situated at Rajmal Ka Talab, Chokari Ramchandra Ji Ki, Janta Market, Jaipur and further direct the respondent No.3 to decide the representation dated 24.04.2026 of the petitioner in compliance of the
order dated 18.04.2026 passed by the Hon'ble High Court; (ii) Direct the respondent No.3 allow the petitioner to repair the shop subject to the decision of the writ petition;
[2026:RJ-JP:24785] (2 of 4) [CW-11043/2026] (iii) Pass any other order or direction which this Hon'ble Court may deem just, proper and in the interest of justice in the facts and circumstances of the present case."
2.
Learned counsel for the petitioner submits that earlier the petitioner preferred S.B. Civil Writ Petition No.19867/2025 with the following reliefs:-
"It is therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to: (i) Issue an appropriate writ, order or direction, thereby directing the respondent Nagar Nigam, Heritage, Jaipur to forthwith decide the petitioner’s application dated 12.12.2025 seeking permission for reconstruction of Shop No. D-97, Janta Bazar, Near Rajamal Ka Talab, Chowkdi Ramchandra Ji Ki, Jaipur, within a time period as may be fixed by this Hon’ble Court. (ii) Direct the respondents not to interfere in the petitioner’s lawful right to reconstruct Shop No. D-97,if the application of the petitioner is allowed or is deemed to have been allowed on account of non-decision within the prescribed time. (iii) Issue an appropriate writ, order or direction declaring the action of the respondent officials in restraining the petitioner from reconstruction without deciding his application, as arbitrary and illegal (iv) Pass any other order or direction which this Hon’ble Court may deem just, proper and in the interest of justice in the facts and circumstances of the present case.”
3.
Learned counsel submits that in the aforesaid writ petition No.19867/2025, it was apprised by the Government Advocate that as they received objection from one Mr. Rambabu Shyara with regard to ownership of shop in question, therefore, decision was required to be taken on such objections and permission for repair/reconstruction work as sought by the petitioner cannot be granted at this stage.
4. After hearing both the parties, this Court observed and
directed as under :-
"7.Taking note of the fact that the petitioner has already preferred an application seeking permission to carry out repair/reconstruction work of the above mentioned shop on the basis of the title documents possessed by the him, and that the respondent – authorities have received an objection with respect to the same very shop, it would be in the
[2026:RJ-JP:24785] (3 of 4) [CW-11043/2026] interest of justice to direct respondent No.3 - Deputy Commissioner, Hawa Mahal Amer Zone, Nagar Nigam, Jaipur, to decide the objection submitted by one Mr. Rambabu Shyara S/o Mr. Rameshwar Lal Shyara, after granting opportunity of hearing to him.
8. Also, as the adjudication of the said objection would affect the right and title of the petitioner, an equal opportunity of hearing be granted to the petitioner as well while deciding the said objection.
9. Accordingly, respondent No.3 may issue notice to the petitioner as well as to Mr. Rambabu Shyara S/o Mr. RameshwarLal Shyara for ensuring their appearance in its Office on a given date along with representation supported by any documents/details which either of the parties may chose to file and only after considering the same and granting opportunity of hearing to all the parties, the objection(s), and so also application of the petitioner seeking permission for carrying out repair/reconstruction work of the Shop No. D-97, situated at Janta Bazar, Near Rajamal Ka Talab, Chowkdi Ramchandra Ji Ki, Jaipur, be decided by passing a speaking and reasoned order in a time bound manner, preferably within a period of six weeks from today i.e., 18.04.2026 strictly in accordance with law."
5.
Learned counsel for the petitioner submits that in compliance of order dated 18.04.2026 passed by Co-ordinate Bench of this Court in S.B. Civil Writ Petition No.19867/2025, the petitioner submitted his representation on 23.04.2026 followed by legal notice dated 09.06.2026, however, till this date, the order dated 18.04.2026 has not been decided, however, in the meanwhile, permission for repair has been granted to one another person in the same vicinity by way of issuing letter dated 22.05.2026, therefore, by maintaining parity, the respondents may also be directed to permit the petitioner to repair the shop of the petitioner subject to decision over the representation filed by the petitioner in compliance of order dated 18.04.2026 passed in S.B. Civil Writ Petition No.19867/2025.
6. Heard learned counsel for the petitioner and perused the material on record.
7. This Court finds that for almost similar prayer, earlier writ petition was filed by the petitioner for seeking reconstruction
[2026:RJ-JP:24785] (4 of 4) [CW-11043/2026] of the shop in question, and during hearing of the said writ petition, since, it was brought to the knowledge of the Court that there was objection with regard to ownership of the petitioner in respect of shop in question, hence, directions were given to the respondent-authority to first decide the objections in the manner as directed vide order dated 18.04.2026.
8. As per petitioner, in compliance of order dated 18.04.2026, representation has already been given to the petitioner on 24.04.2026.
9. Under these circumstances, for seeking similar relief, successive petition cannot be filed by the petitioner, whereas admittedly till this date objection with regard to ownership of the petitioner over plot in question has not been decided.
10. In view of above, this Court does not find any ground to interfere in the present successive petition filed by the petitioner and same is hereby dismissed.
11. However, it goes without saying that respondents are expected to make compliance of order dated 18.04.2026 passed by the Co-ordinate Bench of this Court in S.B. Civil Writ Petition No.19867/2025 in letter and spirit.
12. Pending application(s), if any, stand(s) dismissed.
(ANAND SHARMA),J 34/Jatin