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2026 DAILYLAW 2971 (RAJ)

RAJKUMAR NANDWANA S/O SH. KUNJ BIHARI NANDWANA, v. STATE OF RAJASTHAN

CW/7180/2026 · 2026-04-23

Anuroop Singhi

body2026

Judgment text

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[2026:RJ-JP:17148] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7180/2026 Rajkumar Nandwana S/o Sh. Kunj Bihari Nandwana, Aged About 60 Years, R/o Ward No. 12, Opposite Central Bank, Kaithun, District Kota. ----Petitioner Versus 1. State Of Rajasthan, Through Its Principal Secretary, Urban Development Housing Department, Government Secretariat, Jaipur. 2. Municipal Corporation, Kota, Through Its Chief Executive Officer, District Kota, Rajasthan. ----Respondents For Petitioner(s) : Mr. Manoj Kumar Bhardwaj For Respondent(s) : HON'BLE MR. JUSTICE ANUROOP SINGHI Order 23/04/2026 1. Mr. Manoj Kumar Bhardwaj, learned counsel for the petitioner, at the very outset, submits that despite the fact that a patta has been issued qua khasra number 1219 admeasuring 0.16 hectares in favour of the petitioner on 02.12.2014 (Annexure-3) by Nagar Nigam, Kaithoon, which subsequently came to be merged into the Municipal Corporation, Kota - respondent No.2 and the fact that the petitioner is residing in the residential house built on the abovementioned plot, the respondents are illegaly proceeding ahead to dispossess the petitioner merely on the basis of an alleged complaint, and in that regard even a notice dated 05.02.2026 (Annexure-6) has been issued by Deputy Commissioner, Nagar Nigam, Kota. [2026:RJ-JP:17148] (2 of 3) [CW-7180/2026] 2. Learned counsel for the petitioner submits that in response to the said notice dated 05.02.2026, a reply has already been submitted by the petitioner on 17.02.2026. However, no heed has been paid to the said reply and in the meanwhile, the respondents are bent upon to dispossess the petitioner. Thus, learned counsel for the petitioner prays that till a decision is taken by the respondents on the reply submitted by the petitioner on 17.02.2026 submitted in pursuance to the notice dated 05.02.2026 (Annexure-6), and for a reasonable period thereafter, no coercive action be taken against the petitioner. 3. Being conscious of the fact that the present writ petition has been filed only against the notice dated 05.02.2026 (Annexure-6), to which a reply has already been filed by the petitioner on 17.02.2026, there is no occasion for this Court to interfere in the proceedings at this stage. However, considering the fact that the patta has been issued to the petitioner way back on 02.12.2014 and he is residing in the residential house built on the abovementioned plot, the respondents are directed to pass a reasoned and speaking order after considering the reply submitted by the petitioner to the notice dated 05.02.2026 and after granting the petitioner an opportunity of hearing, strictly in accordance with law within a period of two months from today, i.e. 23.04.2026. In the meanwhile, till any such decision is taken and for a period of 15 days thereafter, no adverse or coercive action be taken against the petitioner. 4. With the aforesaid directions, the writ petition stands disposed of. [2026:RJ-JP:17148] (3 of 3) [CW-7180/2026] 5. Pending application(s), if any, stands disposed of. 6. Needless to say, that the above directions, in no manner are to be construed as directions to pass the abovementioned order in a particular manner. (ANUROOP SINGHI),J VINAY /2