KISHAN CHANDEL S/O PRABHU LAL CHANDEL v. STATE OF RAJASTHAN
CW/19867/2025 · 2026-04-18
Anuroop Singhi
body2026
DailyLaw.ai
[ 2026 DAILYLAW 2505 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 2505 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:16503] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19867/2025 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 For Respondent(s) : Mr. Manoj Choudhary with Ms. Swati Thory for Mr. G.S. Gill, AAG HON'BLE MR. JUSTICE ANUROOP SINGHI
Order 18/04/2026
1. The present writ petition has been filed by the petitioner with following prayers:
“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.
[2026:RJ-JP:16503] (2 of 4) [CW-19867/2025] (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.”
2. Mr. Sanjay Joshi, learned counsel for the petitioner submits that the petitioner has exclusive right and title over the Shop No. D-97, situated at Janta Bazar, Near Rajamal Ka Talab, Chowkdi Ramchandra Ji Ki, Jaipur, and all the relevant documents and details with regard to the same were submitted by the petitioner before respondent – authorities for seeking permission for carrying out repair/reconstruction work in the said shop as the same is presently in a dilapidated condition.
3.
Learned counsel further submits that for granting permission of the repair/reconstruction work of the abovementioned shop, the requisite procedure including inviting objections was also followed but no objection whatsoever was received by the respondent – authorities within the stipulated time and thus, respondent – authorities have no legal basis to not to grant permission to petitioner for requisite repair/reconstruction of the shop in question.
4. Mr. Manoj Choudhary, Advocate, appearing for Mr. G.S. Gill, learned AAG for respondents, submits that objection has been received by respondents from one Mr. Rambabu Shyara S/o Mr. Rameshwar Lal Shyara, claiming ownership of the shop in question
[2026:RJ-JP:16503] (3 of 4) [CW-19867/2025] itself, and thus, prior to any decision being taken over the objection, the permission for repair/reconstruction work as sought by the petitioner cannot be granted at this stage.
5.
Learned counsel further submits that the decision on said objection would be taken expeditiously and only thereafter the issue with respect to grant of permission for carrying out repair/reconstruction work to petitioner would arise for
consideration.
6. Heard learned counsel for the parties.
7. Taking note of the fact that the petitioner has already preferred an application seeking permission to carry out repair/reconstruction work of the abovementioned 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 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. Rameshwar Lal 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
[2026:RJ-JP:16503] (4 of 4) [CW-19867/2025] 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.
10. With the aforementioned directions, the writ petition stands
disposed.
11. Pending application(s), if any, also stands disposed of.
12. Needless to say, this order has been passed only to decide the objections raised and petitioner’s application(s) and in no manner is to be construed as a direction to decide the same in a particular manner.
(ANUROOP SINGHI),J DIPESH CHAYAL /29