Rajasthan High Court - Jodhpur
Kan Singh vs State Of Rajasthan ... on 10 November, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:48049-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 691/2024
Rajendra Puri S/o Late Shri Dariyav Puri Goswami, Aged About
58 Years, Subhash Nagar, Sheoganj, District Sirohi.
----Appellant
Versus
1. State Of Rajasthan, Through The Director Cum Joint
Secretary, Directorate, Local Self Department, Jaipur.
2. Municipal Board, Sheoganj, District Sirohi, Through Its
Executive Officer.
----Respondents
Connected With
D.B. Spl. Appl. Writ No. 897/2023
1. Kan Singh, Caste - Rawna Rajput, R/o Mohalla Gangai
Nahar, City Barmer, Rajasthan.
2. Rajendra Singh S/o Shri Ram Singh, Aged About 28
Years, Caste - Rawna Rajput, R/o Mohalla Gangai Nahar,
City Barmer, Rajasthan.
3. Smt Pushpa Spouse/o Shri Ram Singh, Aged About 52
Years, Caste - Rawna Rajput, R/o Mohalla Gangai Nahar,
City Barmer, Rajasthan.
----Appellants
Versus
1. State Of Rajasthan, Through The Secretary, Urban
Development And Local Self Department, Government Of
Rajasthan, Jaipur.
2. The Director, Department Of Local Body, Rajasthan,
Jaipur.
3. The Municipal Council, Barmer, Through Its Municipal
Commissioner.
4. The Municipal Commissioner, Barmer, Rajasthan.
5.
Sang Singh S/o Shri Purakh Singh, Caste - Rawna Rajput,
R/o Mohalla Gangai Nahar ,city Barmer, Rajasthan.
----Respondents
For Appellant(s) : Mr. SP Sharma
Mr. Suniel Purohit
Mr. Jasraj Singh Rajpurohit
For Respondent(s) : Mr. Ayush Gehlot with
Mr. Rakesh Sharma for
Mr. Rajesh Panwar, Sr. Adv. & AAG
Mr. Gaurav Khatri for
Mr. M.L. Khatri
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[2025:RJ-JD:48049-DB] (2 of 3) [SAW-691/2024]
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE BIPIN GUPTA
Judgment
10/11/2025
D.B. Spl. Appl. Writ No. 691/2024:-
Heard learned counsel for the parties.
The present special appeal has been filed against the order
dated 12.09.2023, whereby the writ petition preferred by the
appellant-petitioner was dismissed.
The controversy at hand centers around the cancellation of
the patta issued in favour of the appellant by the Commissioner,
Municipal Board.
Learned counsel for the appellant submits that the
Commissioner, Municipal Board is not vested with the powers to
cancel the patta issued by the Municipal Board.
Learned counsel for the respondents submit that the order
passed canceling the patta of the appellant was not in accordance
with the provisions of law and, therefore, the order canceling the
patta may be quashed and set aside and the matter may be
remanded back to the competent authority for passing a fresh
order on the patta of the appellant.
Learned counsel for the appellant is agreeable to the
submissions made by the counsel for the respondents.
In view of the submissions made before this Court, the order
dated 19.06.2023 (Annex.1) is quashed and set aside and the
matter is remanded back to the Municipal Board for
reconsideration of the matter.
The Municipal Board shall give an appropriate opportunity of
hearing to the appellant. The appellant will be free to file
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[2025:RJ-JD:48049-DB] (3 of 3) [SAW-691/2024]
reply/submissions before the respondents and after reconsidering
the same, the respondents shall decide the matter by passing a
speaking order in accordance with law.
The respondents shall decide the entire case within a period
of eight weeks from the date of receipt of the certified copy of this
order strictly in accordance with law.
Accordingly, the present appeal is disposed of.
D.B. Spl. Appl. Writ No. 897/2023:-
In view of the order passed by this Court today itself in the
case of Rajendra Puri Vs. State of Rajasthan & Anr. (D.B. Spl.
Appl. Writ No. 691/2024), the present appeal is also disposed of
with a direction to the respondents to give an opportunity of
hearing to the appellants and the appellants will be free to file an
appropriate representation/reply to the show cause notice dated
20.07.2022 (Annex.7) received and the respondents, thereafter
will pass an appropriate speaking order in accordance with law.
The respondents shall decide the entire case within a period
of eight weeks from the date of receipt of the certified copy of this
order.
(BIPIN GUPTA),J (VINIT KUMAR MATHUR),J
151-152-nitin/-
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