Rajasthan High Court - Jodhpur
Moideen vs The State Of Rajasthan ... on 8 August, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:35408]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16942/2024
Moideen S/o Shri Ameen Khan, Aged About 53 Years, R/o 233,
Kamla Nehru Nagar Jodhpur, Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary, Local Self
Government, Government Of Rajasthan, Jaipur.
2. Director Of Local Bodies, Local Self Government,
Rajasthan, Jaipur.
3. Jodhpur Municipal Corporation (South), Through Its
Commissioner, Jodhpur.
4. Deputy Commissioner And Member Secretary,
Empowered Committee, Jodhpur Municipal Corporation
(South), Jodhpur.
----Respondents
For Petitioner(s) : Mr. Abhishek Purohit
For Respondent(s) : Mr. Suniel Purohit
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
08/08/2025
Heard learned counsel for the parties.
The present writ petition has been filed with the prayer that
the respondent Corporation may be directed to grant Patta of the
shop in question in favour of the petitioner pursuant to the order
dated 20.02.2023 (Annex.3) passed by the Directorate, Local Self
Government, Jaipur and a prayer has also been made for quashing
the subsequent resolution dated 07.08.2023 (Annex.9) passed in
the meeting of the Empowered Committee held on 31.07.2023.
[2025:RJ-JD:35408] (2 of 6) [CW-16942/2024]
Briefly noted facts in the present case are that the
predecessor-in-title of the shop in question was granted license of
a shop in L.I.G.H. Scheme-1 situated at Chopasani Road, Jodhpur
on 18.09.1971. The license of the shop in question was issued by
the erstwhile Urban Improvement Trust, Jodhpur on the lease
basis through auction process held on 01.06.1971. After the
auction process was over, the predecessor-in-title of the shop in
question deposited the entire payment to the respondents against
grant of license of the shop in question. Subsequently, the
authorities of the Urban Improvement Trust, Jodhpur reviewed the
auction proceedings and found certain procedural irregularities in
the allotment of shops and therefore, a resolution was passed to
cancel the auction proceedings undertaken and refund the entire
consideration amount to the license holders with an interest @ 6%
p.a. This resolution was never acted upon and the license holders
continued to hold possession of the shops in question.
Subsequently, the land in question along with all the rights, title
and interest in the land were transferred in favour of the present
petitioner by a Will dated 02.05.2012.
The petitioner, in these circumstances, approached the
respondents in the year 2016 for regularization of the shop in
question and the matter was placed before the Marketing and
Revenue Committee of the respondent Corporation and the
committee after certain deliberations referred the matter to the
State Government vide letter dated 25.09.2019. The State
Government in turn vide letter dated 14.08.2020 sought
information on certain points from the respondent Corporation.
Thereafter, the State Government vide letter dated 03.08.2021
[2025:RJ-JD:35408] (3 of 6) [CW-16942/2024]
requested the Corporation to send the resolution/recommendation
of the Board to enable the State to review the matters of the
shops. The State Government on 27.09.2021 constituted an
Empowered Committee to take a decision in respect of the
resolution of the shops forming part of L.I.G.H. Scheme-1. The
committee held its meeting on 18.08.2022 and after exhaustive
consideration of the matter, the minutes of the meeting were
reduced in writing on 14.09.2022 and it was resolved that it would
not be appropriate to dispossess the license holders as they are in
possession thereof for a long time and therefore, the respondent
Corporation was directed to regularize 44 shops after charging
arrears, if any. In these circumstances, the respondent No.2 vide
its letter dated 20.02.2023 directed the respondent No.3 to
regularize 44 shops after charging arrears from the persons
holding possession of the shops.
In pursuance of the direction dated 20.02.2023, the
respondents invited the objections vide notice published on
12.05.2023. Since, the respondent Corporation did not receive any
objection, thus, a demand of Rs.1000/- was raised towards the
transfer fee from the petitioner which was satisfied on
30.05.2023. The respondent Corporation vide its order dated
01.06.2023 sanctioned transfer of the name in respect of the shop
in question in favour of the petitioner. Other formalities with
respect to assessment of lease tax were also completed and due
amount towards lease tax was also deposited by the petitioner on
15.06.2023. Since, there was some deviation in the construction
of the shop in question, therefore, a penalty was imposed upon
the petitioner for undertaking the construction in deviation of the
[2025:RJ-JD:35408] (4 of 6) [CW-16942/2024]
settled norms. The petitioner deposited the penalty amount on
20.06.2023 and a receipt to that effect has also been placed on
record. Other demands raised by the respondent Corporation
were also satisfied by the petitioner by making payment towards
the same. Despite entire formalities having been completed, the
respondent Corporation once again convened the meeting of
Empowered Committee on 31.07.2023, wherein, it has been
resolved vide order dated 07.08.2023 to seek documents
pertaining to allotment of shops in original from the shop owners.
Since, the patta has not been issued to the petitioner despite clear
directions having been issued by the State Government vide order
dated 20.02.2023, the present writ petition petition has been filed
before this court.
Learned counsel for the petitioner submits that the petitioner
and his predecessor-in-title have been in possession of the shop in
question for more than last 50 years and decision has already
been taken to regularize the same by issuing Patta in favour of the
petitioner. Entire formalities have already been completed by the
petitioner and other similarly situated persons by depositing entire
dues as demanded by the respondents.
Learned counsel further submits that despite certain
deviations undertaken by the petitioner in construction of the shop
having been regularized by passing penalty orders and the same
having been deposited, there is no impediment now for the
respondent Corporation in issuing the Patta in favour of the
petitioner. However, despite decision of the Empowered Committee
already in favour of the petitioner, the order dated 07.08.2023 has
been passed in violation of earlier decision undertaken by the
[2025:RJ-JD:35408] (5 of 6) [CW-16942/2024]
respondent. He, therefore, prays that the writ petition filed by the
petitioner be allowed and the respondent Corporation be directed
to issue Patta in favour of the petitioner at the earliest.
Per contra, learned counsel for the respondents submits that
almost all the formalities in pursuance of the directions issued by
the State Government vide order dated 20.02.2023 have been
undertaken and completed, however, due to certain pending
formalities, the proceedings could not be completed by the
competent authority.
Learned counsel further submits that vide order dated
07.08.2023, the Empowered Committee only asked for the original
documents from the petitioner to complete the formalities with
regard to issuance of the Patta in his favour and in no manner, the
decision taken vide order dated 07.08.2023 can be considered
against the earlier decision taken by the Empowered Committee.
Learned counsel prays that the respondents be granted six weeks
time to complete necessary formalities for issuing Patta in favour
of the petitioner.
I have considered the submissions made at the bar and also
gone through relevant record of the case.
The facts mentioned hereinabove show that the petitioner
and the predecessor-in-title have been in possession of the shop
in question since 1971 and after protracted correspondences
between the respondents, the order dated 20.02.2023 has been
passed by the State Government to grant patta to the petitioner
and other shop owners by regularizing their claims. The
respondent Corporation after receipt of the order dated
20.02.2023 has taken requisite steps for grant of Patta to the
[2025:RJ-JD:35408] (6 of 6) [CW-16942/2024]
petitioner and in the process, certain documents have been sought
for from the shop owners to complete the formalities. Due to
certain pending formalities, the process undertaken by the
respondents could not be completed and therefore, the application
submitted by the petitioner under Section 69A of the Rajasthan
Municipalities Act could not be disposed of by issuing Patta in his
favour.
Learned counsel for the parties are in agreement that the
controversy involved in the present case is squarely covered by
the judgment by this Court in Ratisha Saboo vs. State of
Rajasthan & Ors. (S.B. Civil Writ Petition No. 4344/2024).
Accordingly, the writ petition is disposed of in the similar
terms as in Ratisha Saboo vs. State of Rajasthan & Ors. (S.B.
Civil Writ Petition No. 4344/2024) with a direction to the
respondents to complete the process for grant of Patta in favour of
the petitioner in pursuance of the order dated 20.02.2023 within a
period of six weeks starting from 12.08.2024.
The petitioner is also directed to submit the original
documents held by him to process the application preferred by
him under Section 69A of the Rajasthan Municipalities Act as and
when asked for.
All pending applications, if any, stand disposed of.
(KULDEEP MATHUR),J
353-divya/-
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