Smt. Somya Gurjar Wife Of Shri ... vs State Of Rajasthan
2021 Latest Caselaw 2429 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             D.B. Civil Writ Petition No. 6485/2021
Smt. Somya Gurjar Wife Of Shri Rajaram Gurjar, Aged About 37
Years, Resident Of 289, Taruchhaya Nagar, Tonk Road, Jaipur.
                                                                    ----Petitioner
                                    Versus
1.      State Of Rajasthan, Through Secretary To The
        Government Of Rajasthan, Department Of Local Self
        Government, Administrative Secretariat, Jaipur.
2.      The Director Cum Special Secretary, Local Bodies,
        Government Of Rajasthan, Department Of Local Self
        Government, Near Civil Lines Railway Crossing, Jaipur.
3.      Commissioner, Municipal Corporation, Jaipur Greater, Lal
        Kothi, Tonk Road, Jaipur.
4.      Deputy Director (Regional), Local Self Government
        Department, New Colony Near Hotel Welcome, Panch
        Batti, Jaipur.
5.      Smt. Sheel Dhabhai, Member Ward No. 60 (Holding
        Charge Of Mayor), Municipal Corporation Jaipur Greater,
        Lal Kothi, Tonk Road, Jaipur.
                                                                 ----Respondents

For Petitioner(s) : Mr. Rajendra Prasad, Sr. Adv. assisted by Mr. Aashish Sharma through VC For Respondents : Mr. M.S. Singhvi (Sr. Adv.), AG, No.1 to 4 assisted by Mr. Sheetanshu Sharma, Mr. Anil Mehta, AAG with Mr. Yashodhar Pandey through VC For Respondent No.5 : Mr. Nahar Singh Maheshwari, through VC : Mr. K.A. Khan through VC : Mr. S.C. Gupta, through VC For Applicant : Mr. Vimal Choudhary, through VC

HON'BLE MR. JUSTICE PANKAJ BHANDARI (V.J.) HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA (V.J.) Judgment / Order 14/06/2021

In Application No. 1/2021

An application has been moved by applicant-Mohan Lal Nama

for being impleaded as a necessary party for adjudication of the

writ petition in the larger public interest of the State.

(2 of 2) [CW-6485/2021]

Mr. Vimal Choudhary counsel for the Applicant contended

that the matter is being highlighted in the newspapers and is

bringing bad name to the Jaipur city. On a specific query being

asked as to whether he is favoring the petitioner or is with the

stand of the Government, Mr. Vimal Choudhary stated that the

validity of the Act should be upheld and as to how he is a

necessary party, Mr. Choudhary contended that as a citizen, he

has a right to be impleaded as a party.

We have considered the contentions.

In the writ petition, the suspension order of the petitioner

and the vires of Sections 39(1)(ii) and 39(1)(iii) of Rajasthan

Municipalities Act, 2009 are under challenge. Learned Advocate

General is present to defend the State and we find no justification

or necessity to implead the applicant as a party in this case.

The application was filed merely for the purpose of publicity

and to unnecessarily delay hearing of the case. The applicant is

neither required to be impleaded as a necessary party nor is

required for adjudication of this case.

This application deserves to be dismissed.

The same is accordingly dismissed with a cost of Rs.

50,000/-, which is to be deposited in Rajasthan Chief Minister

Vaccination Relief Fund within a period of four weeks.

Arguments heard on main writ petition. Judgment reserved.

(CHANDRA KUMAR SONGARA (V.J.)),J (PANKAJ BHANDARI (V.J.)),J

Nikhil Kr. Yadav/1

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