Citation : 2023 Latest Caselaw 9166 Raj
Judgement Date : 6 November, 2023
[2023:RJ-JD:37925]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11093/2022
Milakh Raj Chugh S/o Shri Ram Kishan Chugh, Aged About 50 Years, Resident Of 96-3Rd Block, Ward No. 16, Sri Ganganagar.
----Petitioner Versus
1. State Of Rajasthan, Through The Director Cum Joint Secretary, Local Self Department, Jaipur.
2. Urban Improvement Trust, Sri Ganganagar, Through Its Secretary.
3. Municipal Council, Sri Ganganagar, Through Its Commissioner.
----Respondents
For Petitioner(s) : Mr. C.S. Kotwani assisted by Karan
Joshi
For Respondent(s) :
HON'BLE MR. JUSTICE AVNEESH JHINGAN
Judgment
06/11/2023
1. This petition has been filed seeking setting aside of charge
sheet dated 03.06.2022. The counsel for the petitioner submits
that the brief facts are that a complaint was made in the year
2015 that Astha Hospital, Beniwal Hospital and Jubin Hospital, Sri
Ganganagar were operating without obtaining Change of Land Use
(C.L.U.) Certificate. The petitioner issued notices to these
hospitals. A charge sheet was issued against the petitioner stating
that he permitted hospitals to operate without C.L.U.
2. The contention is that the petitioner was not Commissioner
of Sri Ganganagar at the relevant time. Learned counsel for the
[2023:RJ-JD:37925] (2 of 2) [CW-11093/2022]
petitioner, after arguing for some length realizing that no reply has
been filed raising the issue raised in the petition, seeks permission
to approach the respondent for filing a reply vis-a-vis the issue
that the petitioner was not the delinquent.
3. The petition is disposed of as not pressed with liberty as
prayed for. There is no doubt that the respondent, in eventuality of
filing the reply by petitioner the same shall consider it in
accordance with law.
(AVNEESH JHINGAN),J 2-DhananjayS/-
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