Akhtar vs State Of Rajasthan
2022 Latest Caselaw 4715 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4723/2022

Akhtar S/o Jabbar, Aged About 42 Years, Ward No. 29, Mohalla Sabji Faroshan, Churu (Rajasthan).

----Petitioner Versus

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

2. Municipal Council, Churu (Rajasthan). Through Its Commissioner.

                                                                ----Respondents


For Petitioner(s)        :     Mr. C.S. Kotwani
For Respondent(s)        :



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

29/03/2022

This writ petition has been filed by the petitioner with a

prayer for quashing and set aside the office order dated

25.03.2022 passed by the Municipal Council, Churu, whereby it

has constituted a team of five officers for the purpose of seizing

two properties situated in ward No.28 of Town Churu.

In the notice, it is mentioned that the petitioner and one

other person namely Niranjan Soni had constructed a commercial

building of three storey without seeking any permission from the

respondent-Council.

Learned counsel for the petitioner has submitted that the

action of the respondent-Council of issuance of office order dated

25.03.2022 is absolutely illegal. It is also submitted that the

(2 of 2) [CW-4723/2022]

petitioner had raised commercial building in less than 250 Sq.

Meters and for that, no permission is required from the municipal

council. Learned counsel for the petitioner has further submitted

that in response to the notices, the petitioner has filed reply

before the respondent-Municipal Council on 14.03.2022, however

the Municipal Council without considering the said reply has

passed the impugned order. Learned counsel for the petitioner

has, therefore, prayed that the impugned order may kindly be set

aside.

Having heard learned counsel for the petitioner and after

perusing the material available on record, this Court is of the view

that by the impugned office order, the Commissioner, Municipal

Council, Churu has constituted a team for seizing the three storey

commercial building of the petitioner as the same has been

constructed without seeking permission from the Municipal Council

however, till date the final seizure order has not been passed by

the respondent-Council.

Apart from that, if any seizure order is passed by the

Municipal Council, the petitioner is having an alternate statuary

remedy of filing statuary appeal under Section 12 of the Rajasthan

Municipalities Act, 2009 against the seizure order.

In view of the above, I do not find any merit in this writ

petition and the same is hereby dismissed.

Stay petition is also dismissed.

(VIJAY BISHNOI),J 146-mohit/-

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