Rajasthan High Court - Jodhpur
Smt. Sandhya Pitaliya vs The Municipal Corporation ... on 22 January, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:4093]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 11407/2024
M/s. Orbit RealMart Private Limited, Regd. Address At 101, Archi
Arihant Apartment, Shoubhagpura, Udaipur Through Its Director
Rishabh Bhanawat S/o Shri Meetha Lal Bhanawat, Aged About
54 Years, Resident Of Flat No.603, The Orbit Ist, Saheli Nagar,
Udaipur (Raj.).
----Petitioner
Versus
1. The Municiapl Corporation, Udaipur Through Its
Commissioner, Town Hall Link Road, Udaipur.
2. Urban Improvement Trust, Udaipur, Through Its
Secretary, UIT, Udaipur.
----Respondents
Connected With
S.B. Civil Writ Petition No. 11351/2024
Shokin Prakash Pitaliya S/o Shri Sohan Lal Pitaliya, Aged About
42 Years, R/o 1-B, Paneriyon Ki Madri, Savina Road, Udaipur.
----Petitioner
Versus
1. The Municipal Corporation, Through Its Commissioner,
Town Hall Link Road, Udaipur.
2. Urban Improvement Trust, Udaipur Through Its Secretary,
UIT, Udaipur.
----Respondents
S.B. Civil Writ Petition No. 11447/2024
Smt. Sandhya Pitaliya W/o Shri Sunil Pitaliya, Aged About 46
Years, R/o 1-A, Paneriyon Ki Madri, Udaipur (Raj.).
----Petitioner
Versus
1. The Municipal Corporation, Udaipur, Through Its
Commissioner, Town Hall Link Road, Udaipur.
2. Urban Improvement Trust Udaipur, Through Its Secretary,
UIT, Udaipur.
----Respondents
For Petitioner(s) : Mr. M.S. Singhvi, Sr. Advocate
assisted by Mr. Sanjay Nahar &
Mr. Keshar Singh.
For Respondent(s) : Mr. Anurag Shukla.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
22/01/2025
1. Heard learned counsel for the parties.
[2025:RJ-JD:4093] (2 of 4) [CW-11407/2024]
2. The present writ petitions have been filed against the order
dated 05.07.2024 passed by Commissioner, Municipal Corporation,
Udaipur, whereby, the patta issued to the petitioners has been
cancelled.
3. Briefly noted the facts in the present writ petitions are that a
land which was situated in the Gram Panchayat Titardi, Tehsil
Girwa, District Udaipur was under the possession of late Smt.
Ganga Bai. Since there was a dispute about the land held by Smt.
Ganga Bai, therefore, she filed a civil suit and the proceedings of
the litigation attained finality after the judgment of the Hon'ble
Supreme Court passed in Civil Appeal No.772/2012. The
petitioners are subsequent purchasers of the said land. The
petitioners were issued patta by the respondents under the
provisions of the Rajasthan Municipalities Act, 2009 and keeping in
mind the order dated 21.04.2022. (Annex.9). The patta issued to
the petitioners has been cancelled vide order dated 05.07.2024.
Hence, the present writ petitions have been filed.
4. Learned Senior Counsel for the petitioners submits that the
order dated 05.07.2024 has been passed without giving any
opportunity of hearing to the petitioners as neither any show
cause notice was issued nor the petitioners were afforded any
opportunity of hearing. He further submits that the action of the
respondents is in gross violation of the principles of natural justice
and therefore, the same is not sustainable in the eyes of law.
Learned Senior Counsel also submits that the petitioners are
holding the possession of the land in pursuance of the valid patta
issued by the respondents keeping in mind the order dated
21.04.2022. He, therefore, prays that the writ petitions may be
[2025:RJ-JD:4093] (3 of 4) [CW-11407/2024]
allowed and the order dated 05.07.2024 may be quashed and set
aside.
5. Learned counsel for the respondent- Municipal Corporation is
not in a position to refute the submissions made by learned Senior
Counsel for the petitioners to the extent that the order dated
05.07.2024 has been passed without giving any opportunity of
hearing to the petitioners. Learned counsel for the respondent
very fairly submits that no show cause notice was issued prior to
issuance of the order dated 05.07.2024. He, however,
controverted the submissions made by learned Senior Counsel for
the petitioners on the ground of issuance of patta on the strength
of the order dated 21.04.2022. Learned counsel for the
respondent very fairly submits that the respondent- Municipal
Corporation may be given an opportunity to proceed in the matter
after following due process of law.
6. I have considered the submissions made at the bar and gone
through the relevant record of the case.
7. Without going into the minute details of the present case and
discussing the same, the admitted position which is canvassed
before this Court is that the petitioners being the subsequent
purchasers of the land in question were issued a patta by the
respondents and on the strength of the same, the petitioners are
holding the possession of the land in question. The respondents
vide order dated 05.07.2024 has cancelled the patta issued in
favour of the petitioners without giving any opportunity of hearing
to them. No show cause notice was issued before passing the
order dated 05.07.2024. In the opinion of this Court, the writ
petitions can be disposed of on the solitary ground that the order
[2025:RJ-JD:4093] (4 of 4) [CW-11407/2024]
impugned dated 05.07.2024 adverse to the interest of the
petitioners has been passed without giving any opportunity of
hearing to them which is in gross violation of principles of natural
justice, therefore, the same is not sustainable in the eyes of law.
8. In view of the discussion made above, the present writ
petitions merit acceptance and the same are allowed. The order
dated 05.07.2024 is quashed and set aside. The respondents will
be at liberty to proceed in the matter after following due process
of law.
9. The stay petitions as well as other pending misc.
applications, if any, stand disposed of accordingly.
(VINIT KUMAR MATHUR),J
56-58-Shahenshah/-
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