Vikas Bhairaviya vs State Of Rajasthan
2022 Latest Caselaw 8359 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 8542/2020

1. Vikas Bhairaviya S/o Narendra Kumar Bhairaviya, Aged About 39 Years, R/o - 29, Mahaveer Nagar, New Bhupalpura Udaipur.

2. Deepesh Kumawat S/o Paras Ram Kumawat, Aged About 27 Years, R/o - Jharno Ki Saray, Shreenath Complex, Udaipur.

3. Chetan Prakash Paliwal S/o Shyam Lal Paliwal, Aged About 30 Years, R/o - House No. 5, Paswan Ji Ki Gali, Rao Ji Ka Hata, Udaipur.

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Urban Development And Housing Department Secretariat, Jaipur.

2. State Of Rajasthan, Through The Secretary, Development Of Local Self Government, Secretariat, Jaipur.

3. The Collector, Udaipur

4. The Commissioner, Municipal Corporation, Udaipur

----Respondents

For Petitioner(s) : Mr. Mohit Sharma For Respondent(s) : Mr. Sunil Beniwal, AAG

HON'BLE THE CHIEF JUSTICE MR. S. S. SHINDE HON'BLE MR. JUSTICE SANDEEP MEHTA

Order

28/06/2022

Heard learned counsel appearing for the petitioners and

learned counsel appearing for the respective respondents.

Learned counsel appearing for the petitioners brought to the

notice of this Court that the construction of the kiosks and the

parking place is contrary to the master plan and also to the spirit

(2 of 2) [CW-8542/2020]

of the judgment of the Full Bench in the case of Gulab Kothari,

Editor, Rajasthan Patrika, Jaipur v. State of Rajasthan &

Ors. reported in 2017 (2) RLW 1178 (Raj.).

Upon consideration of the entire material placed on record,

we are of the prima facie opinion that the further construction or

the activities by the respondent Municipal Corporation, Udaipur

may not be permissible in view of the Full Bench judgment of this

Court in the case of Gulab Kothari (supra) and also the master

plan.

It is not brought to the notice to this Court by the Counsel

appearing for the respondents that the construction of the Kiosks

is keeping in view of the master plan.

In that view of the matter, we are inclined to direct the

respondents to maintain status quo as it exists today. Accordingly,

the respondents are directed to maintain status quo on the

subject matter of this petition, till next date.

List this petition for final hearing on 21.07.2022. The order

of status quo to operate till next of hearing.

(SANDEEP MEHTA),J (S. S. SHINDE),CJ

73-Tikam/Sudhir/-

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