Sultan Singh vs State Of Rajasthan
2022 Latest Caselaw 8524 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 8987/2022

Sultan Singh S/o Shri Babu Singh Dabi, Aged About 54 Years, Resident Of Ward No. 25, Laxminarayan Temple, Pindwara, District - Sirohi (Rajasthan).

----Petitioner Versus

1. State Of Rajasthan, Through The Director Cum Joint Secretary, Directorate, Local Self Department, Jaipur (Rajasthan).

2. Municipal Board, Pindwara, District - Sirohi (Rajasthan), Through The Executive Officer.

                                                                 ----Respondents


For Petitioner(s)         :     Mr. CS Kotwani

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

01/07/2022

1. Mr. Kotwani, learned counsel for the petitioner, asserts that the

impugned seizure orders dated 05.06.2022 (Annex.03) & 06.06.2022

(Annex. 4) has been made without prior notice to the petitioner. He

argues that the same is in clear contravention of the Circular dated

01.10.2015, issued by none other than the Director, Local Self

Government itself.

2. While asserting that no fresh circular has been issued after the

Circular dated 01.10.2015, Mr. Kotwani, learned counsel for the

petitioner argues that if the respondents were of the view that there is

any irregularity or the construction has been raised without conversion

and prior approval or otherwise contrary to judgment of this Court

(2 of 2) [CW-8987/2022]

rendered in the case of Gulab Kothari, the Municipal Board was required

to at least give an opportunity of hearing to the petitioner.

3. Learned counsel argues that the petitioner has simply constructed a

godown in his agricultural land and commercial activities are not being

carried in such premises.

4. While highlighting petitioner's predicament and grievance, learned

counsel submits that if the impugned seizure order dated 05.06.2022

(Annex.03) & 06.06.2022 (Annex. 4) are not stayed, it will adversely

affect the petitioner inasmuch as, his agricultural produce lying in the

shops (which are being used as godown) will spoil or rot.

5. The matter requires consideration.

6. Issue notice. Issue notice of stay application also, returnable within 8

weeks.

7. Meanwhile, effect and operation of the impugned seizure orders

dated 05.06.2022 (Annex.03) & 06.06.2022 (Annex. 4) shall remain

stayed.

8. It will be required of the respondent Chief Executive Officer to

forthwith lift the seizure of petitioner's construction.

Connect with S.B. Civil Writ Petition No. 7515/2021.

(VINIT KUMAR MATHUR),J 260-AnilS/-

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