[Cites 2, Cited by 0]
Rajasthan High Court - Jodhpur
Kamala Devi vs The State Of Rajasthan ... on 4 December, 2025
[2025:RJ-JD:52365]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14037/2025
Kamala Devi W/o Jetha Ram, Aged About 71 Years, Resident Of
Ward No. 17, Jata Bas, Teh Pokaran, Distt. Jaisalmer (Raj.)
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary, Local Self
Government Department, Secretariat, Jaipur (Raj.).
2. The District Collector, Jaisalmer.
3. Sub-Divisional Officer, Pokaran, District Jaisalmer,
Rajasthan.
4. Municipal Board, Pokaran, Through Its Executive Officer,
District Jaisalmer.
----Respondents
For Petitioner(s) : Mr. Ashok Kumar
For Respondent(s) : Mr. Monal Chugh
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
04/12/2025
1. By way of filing the present writ petition, the petitioner has
prayed for quashing of the order dated 01.4.2025 (Annexure-6)
passed by the District Collector, Jaisalmer directing the Municipal
Board, Pokran to cancel the patta issued in favour of the
petitioner. The consequential notice issued by the Municipal Board
Pokran, District Jaisalmer dated 02.06.2025 (Annexure-7) has also
been challenged.
2. Both the counsel i.e. learned counsel for the petitioner and
learned counsel for the respondents are in agreement that the
issue in hand stands covered by judgment passed by this Court in
S.B. Civil Writ Petition No.19249/2025 titled as (Rana Ram v.
State & Ors.) decided on 31.10.2025 wherein this Court held as
under:
(Uploaded on 05/12/2025 at 08:24:04 PM)
[2025:RJ-JD:52365] (2 of 2) [CW-14037/2025]
"6. As far as impugned notice dated 02.06.2025 is concerned, it
is noted that the said notice was issued under Section 73-B of the
Rajasthan Municipalities Act, 2009. In the said notice reference is
given to the committee report dated 25.02.2025 so also the
impugned communication dated 01.04.2025.
7. It is stated by learned counsel for the respondents that the
respondent - Board would be examining the entire issue afresh
without being influenced by the committee report dated
25.02.2025 so also the impugned communication dated
01.04.2025.
8. In view of the statement made by learned counsel for the
respondents, this Court deems it appropriate to set-aside the
impugned communication dated 01.04.2025 and further direct
the Municipal Board, Pokran to proceed against the petitioner in
pursuance of notice dated 02.06.2025 strictly in accordance with
law without being influenced by the committee report dated
25.02.2025 so also the impugned communication dated
01.04.2025.
9. With these observations, the petition stands disposed of.
10. Pending application(s), if any, shall also stand disposed of."
3. In view of the judgment passed by this Court, the impugned
communication/order dated 01.04.2025 (Annexure-6) passed by
the District Collector, Jaisalmer is quashed and set aside. However,
the Municipal Board, Pokran, District Jaisalmer is directed to
proceed against the petitioner in pursuance to the order dated
02.06.2025 (Annexure-7) directly in accordance with law without
being influenced by the correspondence issued by the District
Collector, Jaisalmer or the Committee report.
4. Accordingly, the present writ petition stands disposed of.
5. Pending application(s), if any, shall also stand disposed of.
(SANDEEP SHAH),J
95-Love/-
(Uploaded on 05/12/2025 at 08:24:04 PM)
Powered by TCPDF (www.tcpdf.org)
