Manoj Kumar Sand vs State Of Rajasthan
2022 Latest Caselaw 5511 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Writ Petition No. 5496/2022

1. Manoj Kumar Sand S/o Late Shri Sampat Lal Sand, Aged About 51 Years, Resident Of Mukim Bothra Mohalla, Bikaner (Raj.)

2. Mohini Devi Sand W/o Late Shri Sampat Lal Sand, Aged About 80 Years, Resident Of Mukim Bothra Mohalla, Bikaner (Raj.)

3. Madhu Sand W/o Shri Manoj Kumar Sand, Aged About 45 Years, Resident Of Mukim Bothra Mohalla, Bikaner (Raj.)

4. Saurabh Jain S/o Shri Manoj Kumar Sand, Aged About 23 Years, Resident Of Mukim Bothra Mohalla, Bikaner (Raj.)

----Petitioners

Versus

1. State Of Rajasthan, Through The Principal Secretary, Urban Development And Housing Department, Secretariat, Government Of Rajasthan, Jaipur - 302015 (Raj.)

2. The Secretary, Urban Improvement Trust, Bikaner (Raj.)

----Respondents

For Petitioner(s) : Mr. Vikas Balia, Sr. Advocate assited by Mr. Sanjeet Purohit

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

13/04/2022

Learned counsel for the petitioners has submitted that the

petitioners are running a marriage palace viz. 'Sampat Palace' in

Plot Nos. 14, 15, 21 and 22 situated at Mahabalipuram, Nokha

Road, Village Kismidesar, Bikaner since year 2008. It is submitted

that the petitioners have applied for unification of the nine plots,

(2 of 3) [CW-5496/2022]

i.e. Plot Nos. 14 to 22 before the Urban Improvement Trust,

Bikaner (hereinafter to be referred as 'the UIT') and the said

proceedings are pending consideration before it.

It is also submitted that one Amit Sharma resident of

Bikaner is having some animosity with the petitioners and he

preferred a civil suit seeking permanent injunction against the

petitioners and for restraining them from operating the marriage

palace. It is further submitted that in the said civil suit, an interim

injunction was granted by the Civil Court but later on, the same

was vacated and the suit itself is pending consideration.

It is further submitted that it appears that Amit Sharma has

filed a complaint before the Lokayukat, Rajasthan, who in turn has

forwarded the same to the UIT, however, the UIT without issuing

any notice or providing opportunity of hearing to the petitioners

has passed the order dated 29.03.2022 and has seized the

marriage palace of the petitioners running in Plot Nos. 14, 15, 21

and 22 situated at Mahabalipuram, Nokha Road, Village

Kismidesar, Bikaner.

Learned counsel for the petitioners has submitted that as a

matter of fact, in this marriage season, the marriage palace is

booked from 16th April onwards for marriages and if the seizure is

continued, the petitioners as well as the parties, who have booked

the marriage palace, will face great difficulties.

Issue notice. Issue notice of stay application also, returnable

on 09.05.2022.

In the meantime, the petitioners shall inform the

respondent - UIT, Bikaner about the status of the marriage

functions booked till 29.03.2022 in the 'Sampat Palace' by

tomorrow and the respondent - UIT, Bikaner is directed to permit

(3 of 3) [CW-5496/2022]

the petitioners to use the marriage palace viz. 'Sampat Palace'

running in Plot Nos. 14, 15, 21 and 22 situated at Mahabalipuram,

Nokha Road, Village Kismidesar, Bikaner for the purpose of

marriage functions already booked, however, the petitioners shall

not take any new bookings of marriages without permission of this

Court.

(VIJAY BISHNOI),J

158-AjaySingh/-

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