Madhusudan Agarwal vs State Of Rajasthan
2022 Latest Caselaw 10295 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9522/2022

Madhusudan Agarwal S/o Shri Ramdev Agarwal, Aged About 48 Years, Resident Of C-77, Sadulganj, Opposite Rotary Circle, Bikaner (Rajasthan).

----Petitioner Versus

1. State Of Rajasthan, Through Director, Local Self Government Department, Rajasthan, Jaipur.

2. Commissioner, Nagar Nigam, Bikaner, District - Bikaner (Raj.).

----Respondents

For Petitioner(s) : Mr. D.D. Chitlangi

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

05/08/2022

This writ petition is filed by the petitioner being

aggrieved with the order dated 1.7.2022 passed by the

Commissioner, Municipal Council, Bikaner, whereby he

has granted permission to seize the property in question

for the reason that illegal constructions have been made

over it.

This Court is of the opinion that against the

impugned order, which has been passed while exercising

powers under Section 194 of the Rajasthan Municipalities

Act, 2009 (for short 'the Act of 2009'), the petitioner is

(2 of 2) [CW-9522/2022]

having an alternate statutory remedy of filing appeal

under sub-Section 12 of Section 194 of the Act of 2009.

In view of availability of alternate statutory remedy

of filing appeal, I am not inclined to entertain this writ

petition.

Hence, this writ petition is dismissed.

However, the petitioner is free to avail remedy of

appeal as observed aforesaid.

If the petitioner prefers appeal under Section 12 of

Section 194 of the Act of 2009 before the concerned

appellate authority, it is expected that the appellate

authority concerned shall decide the same on merits.

(VIJAY BISHNOI),J

57-msrathore/-

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