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2026 DAILYLAW 3875 (RAJ)

M/S KOTHARI ENTERPRISES v. STATE OF RAJASTHAN

CW/5762/2026 · 2026-04-07

Bhuwan Goyal, Mahendar Kumar Goyal

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Judgment text

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[2026:RJ-JP:14243-DB] [2026:RJ-JP:14275-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 5762/2026 M/s Kothari Enterprises, At C- 44, Rajdhani Mandi, Sikar Road, Jaipur Through Its Proprietor Pawan Kumar Kothari S/o Shanti Lal Kothari Aged About 53 Years, R/o Plot No. 18, Shanti Niketan, Chandani Chowk, Kalwar Road, Jhotwara, Jaipur, Rajasthan- 302012. ----Petitioner Versus 1. State Of Rajasthan, Through The Additional Chief Secretary, Urban Development And Housing Department, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan. 2. Jaipur Municipal Corporation, Through Its Commissioner, Pandit Dindayal Uppadhyay Bhawan, Lal Kothi, Tonk Road, Jaipur, Rajasthan. 3. The Revenue Officer, Jaipur Municipal Corporation, Pandit Dindayal Uppadhyay Bhawan, Lal Kothi, Tonk Road, Jaipur, Rajasthan. 4. The Secretary, Krishi Upaj Mandi Samiti, Jaipur, Rajasthan. ----Respondents Connected With D.B. Civil Writ Petition No. 5759/2026 M/s Shree Shyam Traders, At C-54, Rajdhani Mandi, Sikar Road, Jaipur Through Its Partner Suresh Kumar Agarwal S/o Chhagan Lal Aged About 67 Years, R/o C-54, Krishi Upaj Mandi, Sikar Road, Akedadoongar, Jaipur, Rajasthan - 302013. ----Petitioner Versus 1. State Of Rajasthan, Through The Additional Chief Secretary, Urban Development And Housing Department, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan. 2. Jaipur Municipal Corporation, Through Its Commissioner, Pandit Dindayal Uppadhyay Bhawan, Lal Kothi, Tonk Road, Jaipur, Rajasthan. 3. The Revenue Officer, Jaipur Municipal Corporation, Pandit Dindayal Uppadhyay Bhawan, Lal Kothi, Tonk Road, Jaipur, Rajasthan. [2026:RJ-JP:14243-DB] (2 of 10) [CW-5762/2026] 4. The Secretary, Krishi Upaj Mandi Samiti, Jaipur, Rajasthan. ----Respondents D.B. Civil Writ Petition No. 5765/2026 M/s Govindam Enterprises, At C- 45, Rajdhani Mandi, Sikar Road, Jaipur Through Its Partner Mahesh Kumar Khandelwal S/o Shree Ramkishore Aged About 64 Years, R/o Plot No. 359, Vaid Ji Ka Chouraha, Pratap Nagar Extension, Murlipura, Jaipur, Rajasthan 302039. ----Petitioner Versus 1. State Of Rajasthan, Through The Additional Chief Secretary, Urban Development And Housing Department, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan. 2. Jaipur Municipal Corporation, Through Its Commissioner, Pandit Dindayal Uppadhyay Bhawan, Lal Kothi, Tonk Road, Jaipur, Rajasthan. 3. The Revenue Officer, Jaipur Municipal Corporation, Pandit Dindayal Uppadhyay Bhawan, Lal Kothi, Tonk Road, Jaipur, Rajasthan. 4. The Secretary, Krishi Upaj Mandi Samiti, Jaipur, Rajasthan. ----Respondents D.B. Civil Writ Petition No. 5963/2026 M/s Mukesh Traders, At B - 55, Rajdhani Mandi, Sikar Road, Jaipur Through Its Proprietor Mukesh Gupta S/o Suraj Mal Gupta Aged About 54 Years R/o-31, Shivaji Marg, Opp. Thana Brahmapuri, Amer Road, Jaipur, Rajasthan - 302002. ----Petitioner Versus 1. State Of Rajasthan, Through The Additional Chief Secretary, Urban Development And Housing Department, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan. 2. Jaipur Municipal Corporation, Through Its Commissioner, Pandit Dindayal Uppadhyay Bhawan, Lal Kothi, Tonk Road, Jaipur, Rajasthan. 3. The Revenue Officer, Jaipur Municipal Corporation, Pandit Dindayal Uppadhyay Bhawan, Lal Kothi, Tonk Road, Jaipur, Rajasthan. [2026:RJ-JP:14243-DB] (3 of 10) [CW-5762/2026] 4. The Secretary, Krishi Upaj Mandi Samiti, Jaipur, Rajasthan. ----Respondents D.B. Civil Writ Petition No. 5964/2026 M/s Sitaram Rajendra Kumar, At C-8, Rajdhani Mandi, Sikar Road, Jaipur Through Its Proprietor Deepak Kumar Vaid S/o Babu Lal Vaid Aged About 55 Years, R/o - B-6 Agarsen Colony, Near P.n.b. Brahmpuri, Jaipur, Rajasthan- 302003. ----Petitioner Versus 1. State Of Rajasthan, Through The Additional Chief Secretary, Urban Development And Housing Department, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan. 2. Jaipur Municipal Corporation, Through Its Commissioner, Pandit Dindayal Uppadhyay Bhawan, Lal Kothi, Tonk Road, Jaipur, Rajasthan. 3. The Revenue Officer, Jaipur Municipal Corporation, Pandit Dindayal Uppadhyay Bhawan, Lal Kothi, Tonk Road, Jaipur, Rajasthan. 4. The Secretary, Krishi Upaj Mandi Samiti, Jaipur, Rajasthan. ....Respondents D.B. Civil Writ Petition No. 5757/2026 M/s Shubham Corporation, At B 93, Rajdhani Mandi, Sikar Road, Jaipur Through Its Proprietor Ramawatar Kabra S/o Prem Chand Kabra Aged About 62 Years R/ob107, Ganga Jamana Colony, Jaipur, Rajasthan - 302013. ----Petitioner Versus 1. State Of Rajasthan, Through The Additional Chief Secretary, Urban Development And Housing Department, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan. 2. Jaipur Municipal Corporation, Through Its Commissioner, Pandit Dindayal Uppadhyay Bhawan, Lal Kothi, Tonk Road, Jaipur, Rajasthan. 3. The Revenue Officer, Jaipur Municipal Corporation, [2026:RJ-JP:14243-DB] (4 of 10) [CW-5762/2026] Pandit Dindayal Uppadhyay Bhawan, Lal Kothi, Tonk Road, Jaipur, Rajasthan. 4. The Secretary, Krishi Upaj Mandi Samiti, Jaipur, Rajasthan. ----Respondents Connected With D.B. Civil Writ Petition No. 5758/2026 M/s Shree Kalyan Dall And Flour Mills, At C-43,rajdhani Madni, Sikar Road, Jaipur Through Its Proprietor Rajendra Agarwal S/o Nand Kishore Agarwal Aged About 62 Years R/o A-6, Anaj Mandi, Chandpole, Jaipur, Rajasthan-302001 ----Petitioner Versus 1. State Of Rajasthan, Through The Additional Chief Secretary, Urban Development And Housing Department, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan 2. Jaipur Municipal Corporation, Through Its Commissioner, Pandit Dindayal Uppadhyay Bhawan, Lal Kothi, Tonk Road, Jaipur, Rajasthan. 3. The Revenue Officer, Jaipur Municipal Corporation, Pandit Dindayal Uppadhyay Bhawan, Lal Kothi, Tonk Road, Jaipur, Rajasthan. 4. The Secretary, Krishi Upaj Mandi Samiti, Jaipur, Rajasthan. ----Respondents D.B. Civil Writ Petition No. 5760/2026 M/s Shri Krishna Traders, Previously Known As M/s Rathi Agencies At B90, Rajdhani Mandi, Sikar Road, Jaipur Through Its Proprietor Usha Agrawal W/o Suresh Kumar Agarwal Aged About 63 Years, R/o -8/328, Sector- 8, Vidyadhar Nagar, Jaipur, Rajasthan - 302039. ----Petitioner Versus 1. State Of Rajasthan, Through The Additional Chief Secretary, Urban Development And Housing [2026:RJ-JP:14243-DB] (5 of 10) [CW-5762/2026] Department, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan. 2. Jaipur Municipal Corporation, Through Its Commissioner, Pandit Dindayal Uppadhyay Bhawan, Lal Kothi, Tonk Road, Jaipur, Rajasthan. 3. The Revenue Officer, Jaipur Municipal Corporation, Pandit Dindayal Uppadhyay Bhawan, Lal Kothi, Tonk Road, Jaipur, Rajasthan. 4. The Secretary, Krishi Upaj Mandi Samiti, Jaipur, Rajasthan. ----Respondents D.B. Civil Writ Petition No. 5761/2026 M/s Parasram Ramnarayan, B-74, Rajdhani Anaj Mandi, Sikar Road, Jaipur, Rajasthan Through Its Proprietor Kishan Agarwal S/o Shri Ram Narain Agarwal, Aged About 49 Years, R/o Plot No. 66, 67 Mangal Villa, Parbhat Colony, Vijay Bar, Jaipur, Rajasthan 302023. ----Petitioner Versus 1. State Of Rajasthan, Through The Additional Chief Secretary, Urban Development And Housing Department, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan. 2. Jaipur Municipal Corporation, Through Its Commissioner, Pandit Dindayal Uppadhyay Bhawan, Lal Kothi, Tonk Road, Jaipur, Rajasthan. 3. The Revenue Officer, Jaipur Municipal Corporation, Pandit Dindayal Uppadhyay Bhawan, Lal Kothi, Tonk Road, Jaipur, Rajasthan. 4. The Secretary, Krishi Upaj Mandi Samiti, Jaipur, Rajasthan. ----Respondents D.B. Civil Writ Petition No. 5763/2026 M/s Ramlal Mannalal, At C-20, Rajdhani Mandi, Sikar Road, Jaipur Through Its Proprietor Aashik Goshi S/o Manna Lal Goshi Aged About 41 Years, R/o C-20, Rajdhani Krishi Mandi, Road No. 12 Ke Samne, Vki Area, Harmada, Akhepura, Amber, Jaipur Rajasthan 302013 [2026:RJ-JP:14243-DB] (6 of 10) [CW-5762/2026] ----Petitioner Versus 1. State Of Rajasthan, Through The Additional Chief Secretary, Urban Development And Housing Department, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan. 2. Jaipur Municipal Corporation, Jaipur Municipal Corporation 3. The Revenue Officer, Jaipur Municipal Corporation, Pandit Dindayal Uppadhyay Bhawan, Lal Kothi, Tonk Road, Jaipur, Rajasthan. 4. The Secretary, Krishi Upaj Mandi Samiti, Jaipur, Rajasthan. ----Respondents D.B. Civil Writ Petition No. 5764/2026 M/s Mahaveer Corporation, At B-01, Rajdhani Mandi Sikar Road, Jaipur Through Its Proprietor Vipin Jain S/o Kailash Chand Jain Aged About 42 Years R/o C-9/10 Chand Pole, Anaj Mandi, Jaipur, Rajasthan 302001 ----Petitioner Versus 1. State Of Rajasthan, Through The Additional Chief Secretary, Urban Development And Housing Department, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan. 2. Jaipur Municipal Corporation, Through Its Commissioner, Pandit Dindayal Uppadhyay Bhawan, Lal Kothi, Tonk Road, Jaipur, Rajasthan. 3. The Revenue Officer, Jaipur Municipal Corporation, Pandit Dindayal Uppadhyay Bhawan, Lal Kothi, Tonk Road, Jaipur, Rajasthan. 4. The Secretary, Krishi Upaj Mandi Samiti, Jaipur, Rajasthan. ----Respondents D.B. Civil Writ Petition No. 5766/2026 M/s Vardhman Enterprises, At B-100 Rajdhani Mandi, Sikar Road, Jaipur Through Its Proprietor Mahendra Jain [2026:RJ-JP:14243-DB] (7 of 10) [CW-5762/2026] S/o Ram Dayal Jain Aged About 49 Years R/o 79 Shilp Colony, Jhotwara, Jaipur, Rajasthan 302012 ----Petitioner Versus 1. State Of Rajasthan, Through The Additional Chief Secretary, Urban Development And Housing Department, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan. 2. Jaipur Municipal Corporation, Through Its Commissioner, Pandit Dindayal Uppadhyay Bhawan, Lal Kothi, Tonk Road, Jaipur, Rajasthan. 3. The Revenue Officer, Jaipur Municipal Corporation, Pandit Dindayal Uppadhyay Bhawan, Lal Kothi, Tonk Road, Jaipur, Rajasthan. 4. The Secretary, Krishi Upaj Mandi Samiti, Jaipur, Rajasthan. ----Respondents D.B. Civil Writ Petition No. 5968/2026 M/s Roshan Enterprises, At C 16, Rajdhani Mandi, Sikar Road, Jaipur Through Its Proprietor Sunil Tirthani S/o Kaniyalal Tirthani Aged About 44 Years, R/o 164-B, Sindhi Colony, Banipark, Shastri Nagar, Jaipur, Rajasthan-302016. ----Petitioner Versus 1. State Of Rajasthan, Through The Additional Chief Secretary, Urban Development And Housing Department, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan. 2. Jaipur Municipal Corporation, Through Its Commissioner, Pandit Dindayal Uppadhyay Bhawan, Lal Kothi, Tonk Road, Jaipur, Rajasthan. 3. The Revenue Officer, Jaipur Municipal Corporation, Pandit Dindayal Uppadhyay Bhawan, Lal Kothi, Tonk Road, Jaipur, Rajasthan. 4. The Secretary, Krishi Upaj Mandi Samiti, Jaipur, Rajasthan. [2026:RJ-JP:14243-DB] (8 of 10) [CW-5762/2026] ----Respondents D.B. Civil Writ Petition No. 5969/2026 M/s Kanda Trading Company, At C - 24, Rajdhani Mandi, Sikar Road, Jaipur Through Its Proprietor Munni Devi W/o Gordhan Agrwal Aged About 59 Years R/o - Ward No. 12, Kando Ka Mohalla, Khejroli, Jaipur, Rajasthan - 303803. ----Petitioner Versus 1. State Of Rajasthan, Through The Additional Chief Secretary, Urban Development And Housing Department, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan. 2. Jaipur Municipal Corporation, Through Its Commissioner, Pandit Dindayal Uppadhyay Bhawan, Lal Kothi, Tonk Road, Jaipur, Rajasthan. 3. The Revenue Officer, Jaipur Municipal Corporation, Pandit Dindayal Uppadhyay Bhawan, Lal Kothi, Tonk Road, Jaipur, Rajasthan. 4. The Secretary, Krishi Upaj Mandi Samiti, Jaipur, Rajasthan. ----Respondents D.B. Civil Writ Petition No. 5970/2026 M/s Ramdayal Jain Trading Company, At B-38, Rajdhani Mandi, Sikar Road, Jaipur Through Its Proprietor Ramesh Chand Jain S/o Ram Dayal Jain Aged About 68 Years R/o-183, Shilp Colony, Kalwar Road, Jhotwara, Jaipur, Rajasthan - 302012. ----Petitioner Versus 1. State Of Rajasthan, Through The Additional Chief Secretary, Urban Development And Housing Department, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan. 2. Jaipur Municipal Corporation, Through Its Commissioner, Pandit Dindayal Uppadhyay Bhawan, Lal Kothi, Tonk Road, Jaipur, Rajasthan. [2026:RJ-JP:14243-DB] (9 of 10) [CW-5762/2026] 3. The Revenue Officer, Jaipur Municipal Corporation, Pandit Dindayal Uppadhyay Bhawan, Lal Kothi, Tonk Road, Jaipur, Rajasthan. 4. The Secretary, Krishi Upaj Mandi Samiti, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Punit Singhvi Mr. Ayush Singh Mr. Ishan Verma Mr. Yashowardhan Agarwal For Respondent(s) : Mr. G.S.Gill, AAG with Ms. Shikha Sharma Ms. Ritika Naruka for Mr. S.S.Naruka, AAG Ms. Shashi Sharma for Ms. Manju Joshi, AGC HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL HON'BLE MR. JUSTICE BHUWAN GOYAL Order 07/04/2026 Since, all these writ petitions share similar facts and common question(s) of law, they are being tagged together for disposal. These writ petitions are disposed of in following terms as agreed and requested by learned counsels for the respective parties:- (1) The respondents shall first issue a demand notice to the petitioners as contemplated under Section 130, Rajasthan Municipalities Act, 2009 (for brevity ‘the Act of 2009’), if they so choose. Thereafter, the petitioners shall be at liberty to adopt the measure(s) as provided under Section 131 of the Act of 2009. (2) Before completion of the period/proceeding as contemplated under Section 131(a) or (b) of the Act of [2026:RJ-JP:14243-DB] (10 of 10) [CW-5762/2026] 2009, no coercive action shall be taken by the respondents against the petitioners towards the demand raised under Section 130. (3) In cases, where the petitioners have already met the demand either wholly or in part, they are at liberty to claim refund within a period of two weeks from today by raising protest under Section 131(b) of the Act of 2009 which shall be decided by the respondents within a period of 30 days thereafter by a reasoned and speaking order. Pending application(s), if any, also stands disposed of. (BHUWAN GOYAL),J (MAHENDAR KUMAR GOYAL),J Anu /4-8 & 16-25