Citation : 2021 Latest Caselaw 6378 Raj/2
Judgement Date : 11 November, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 849/2021
Gourav Kumar Gupta S/o Shri Vishnu Dutt Gupta, Aged About 38
Years, R/o 100/104, Pratap Nagar, Sanganer, P.s. Sanganer,
Jaipur.
----Appellant
Versus
1. The Govt. Of Rajasthan, Through A.c.s.(U.d.h.), Food
Building, Secretariat, Jaipur -302005
2. The Govt. Of Rajasthan, Through Chairman, Rajasthan
Housing Board (R.h.b.), Awas Bhawan, Janpath, Jyoti
Nagar, Jaipur-302005.
3. The Housing Commissioner, Rajasthan Housing Board
(R.h.b.), Awas Bhawan, Janpath, Jyoti Nagar, Jaipur-
302005.
4. The Deputy Housing Commissioner, Circle-I, Rajasthan
Housing Board (R.h.b.), Sector-5, Pratap Nagar, Near
Pratap Plaza, Tonk Road, Jaipur.
5. The Commissioner Nagar Nigam Greater, Lal Kothi, Jaipur.
6. The Zone Commissioner, Nagar Nigam Greater, Sanganer
Zone, Jaipur.
7. The S.H.O. Police Station, Pratap Nagar, Jaipur (East)
8. D.C.P. (East), Jaipur Metropolitan, Jaipur, Near Gopalpura
Bye-Pass, Jaipur.
9. Shri Pramod Gupta S/o Shri Ghanshyam Gupta, H.NO.
100/103, Pratap Nagar, Sanganer, Jaipur. At Present-
Siddhi Vinayak Hospital, 36/101, Pratap Nagar, Sanganer,
Jaipur.
----Respondents
For Appellant(s) : Dr. Mithlesh Kumar For Respondent(s) :
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MS. JUSTICE REKHA BORANA
(2 of 2) [SAW-849/2021]
Order
11/11/2021
The petitioner objects to establishment of a hospital near his
house on the ground that the same is illegal and causing nuisance.
The petition was dismissed by the learned Single Judge by the
impugned order dated 06.08.2021 on the ground that father of
the petitioner had already filed a suit before the Court of ACJM
and the petitioner can as well implead himself in the said
proceedings.
We notice that prayers which are very similar if not identical
as made in the petition are made by the father of the petitioner
who has instituted a civil suit. The record also suggests that father
of the petitioner has filed criminal proceedings against the persons
managing the hospital.
In that view of the matter, we do not find any error in the
view of the learned Single Judge taken in the impugned judgment.
The appeal is dismissed.
(REKHA BORANA),J (AKIL KURESHI),CJ
Kamlesh Kumar/N.Gandhi/12
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