Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:11667] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4920/2026 M/s. Chouhan Bricks Udyog, Through Its Proprietor Mukesh Singh Chouhan, Aged 48 Years, Resident Of Village Tasai, Tehsil Kathumar, District Alwar, Rajasthan. ----Petitioner Versus
1. State Of Rajasthan, Through Secretary, Revenue, Government Of Rajasthan, Jaipur.
2. District Collector, Alwar.
3. Sub Divisional Officer, Kathumar, District Alwar. ----Respondents For Petitioner(s) : Mr. Vikram Yadav For Respondent(s) : Mr. V.D. Gathala, AGC HON'BLE MR. JUSTICE ANUROOP SINGHI
Order 18/03/2026
1.
Learned counsel for the parties are ad idem that the controversy in the present matter stands squarely covered by an
order of the Co-ordinate Bench of this Court dated 22.05.2019 in S.B. Civil Writ Petition No. 8913/2019 titled as M/s Choudhary Bricks Versus State of Rajasthan & Ors., relevant portion of the said order reads as under:
“At the very outset, learned counsel for the petitioner submits that the controversy raised in the instant writ application is no more res-integra in view of the adjudication by a Coordinate Bench of this Court in the case of M/s Saubhagh Bricks Vs. State of Rajasthan and Anr.:SBCWP No.19083/2017, decided on 7th May, 2018, holding thus:
[2026:RJ-JP:11667] (2 of 3) [CW-4920/2026]
“5. The question still remains whether the petitioner’s land shall be treated as converted or not.
6. Keeping in view the provisions of law, it is noted that any order or any noting made by the administrative authorities, which goes contrary to the provisions of law, shall have to be ignored and in the present case, the petitioner can safely submit that the said note made in the conversion order is required to be ignored.
7. In the circumstances, it is held that the note appended to the conversion order shall be ignored for all purposes and with the said observations, the petitioner is left free to again move application before the Pollution Control Board for examining the matter with regard to renewal and/or consent for the purpose of Brick-Kiln. If such an application is moved, it is incumbent upon the Pollution Control Board to decide the same within a period of one month of submitting the application.
8. With the aforesaid observations/directions, the writ petition stands allowed.” In view of the above, for the present, the petitioner is required to approach the State-respondents for redressal of his grievances raised before this Court. The petitioner is directed to address a comprehensive representation enclosing a copy of the order in the case of M/s Saubhagh Bricks (supra), within two weeks hereinafter. In the event, a representation is so addressed; the respondents would do the needful to determine the same in the backdrop of the law declared by the Apex Court of the land and in accordance with the statutory Rules applicable. Needful be done, as expeditiously as possible; however, in no case later than two months from the date of receipt of the representation along with a certified copy of this
order. With the observations and directions, as indicated above, the writ application stands disposed off.”
2. In that view of the matter, the present writ petition stands
disposed of in light of the order passed in the case of M/s Choudhary Bricks (supra) with a direction to the petitioner to file representation(s) before respondent No.3 – Sub Divisional Officer, Kathumar, District Alwar. In case of any such
[2026:RJ-JP:11667] (3 of 3) [CW-4920/2026] representation being filed by the petitioner, the same be decided by the respondent No.3 by passing a reasoned and speaking order after granting opportunity of hearing to the petitioner strictly in accordance with law.
3. Needless to say, this order has been passed only to decide the petitioner’s representation and in no manner is to be construed as a direction to decide the said representation in a particular manner.
4. Pending application(s), if any, shall stand disposed of.
(ANUROOP SINGHI),J DIPESH CHAYAL /15