[Cites 2, Cited by 0]
Rajasthan High Court - Jodhpur
Chananmal vs State Of Rajasthan (2026:Rj-Jd:16516) on 9 April, 2026
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2026:RJ-JD:16516]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 7487/2026
Chananmal S/o Hariram, Aged About 70 Years, R/o Regaro Ka
Maholla Ward No. 17 Jogi Aasan, Nohar Tehsil- Nohar, District-
Hanumangarh.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary Local Self
Government Jaipur, Rajasthan.
2. Municipal Corporation, Through Executive Engineer,
Nohar, District- Hanumangarh.
----Respondents
For Petitioner(s) : Mr. Bheru Lal Jat
For Respondent(s) : --
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
09/04/2026
By way of filing the present writ petition under Articles 226
and 227 of the Constitution of India, the petitioner has prayed for
the following reliefs:
"It is, therefore, most humbly and respectfully prayed that
this writ petition may kindly be allowed and by an order, writ or
direction :-
1. The notice dated 16.03.2026 (Annexure-11) notice dated
16.03.2026 issued by executive engineer municipality Nohar,
district Hanumangarh may kindly be quashed set aside.
2. That, the respondent may restrain to issue any illegal notice in
future to the petitioner relating to the shop in question.
3. Any other appropriate order which this Hon'ble Court consider
just and proper in the facts and circumstances of the present case,
may kindly be passed in favour of the petitioner.
4. Cost of the writ petition may kindly be awarded to the
petitioner."
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[2026:RJ-JD:16516] (2 of 4) [CW-7487/2026]
2. Learned counsel for the petitioner submitted that the
petitioner is in possession of a shop situated at Sindhi Bazar,
Padawo Ginani, Ward No. 15 (old No. 12), Town Nohar, District
Hanumangarh.
3. Drawing the attention of this Court to the various documents
placed on record, learned counsel submitted that the subject shop
was constructed after obtaining due permission from all the
concerned authorities, including the Municipality/Municipal
Corporation, Nohar, District Hanumangarh. It was further
submitted that the petitioner has regularly deposited house tax
and other dues in respect of the subject shop as and when
demanded. Learned counsel further submitted that the respondent
--Municipality/Municipal Corporation, Nohar, District Hanumangarh
at the instance of one Ramkumar S/o Tikuram, who bears
personal animosity towards the petitioner, has issued a show
cause notice dated 16.03.2026 (Annex-11) alleging, inter alia,
that the petitioner has raised construction of the subject shop over
government land without due permission. It was submitted that
upon receipt of the said show cause notice, the petitioner
promptly submitted a detailed reply dated 17.03.2026 (Annex-12)
before the office of the Executive Officer, Municipal Corporation,
Nohar, District Hanumangarh, along with all relevant documents,
demonstrating that he is in lawful possession of the subject shop
and that the construction was carried out after obtaining all
requisite permissions, without any encroachment upon public or
government land.
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[2026:RJ-JD:16516] (3 of 4) [CW-7487/2026]
4. Learned counsel for the petitioner further submitted that the
respondents, owing to ulterior motives and extraneous
considerations, are now threatening to demolish the subject shop.
5. After hearing learned counsel for the petitioner, this Court
deems it just and proper to dispose of the present writ petition
with a direction to the Executive Officer, Municipal Corporation,
Nohar, District Hanumangarh, to consider the petitioner's reply
dated 17.03.2026 (Annex-12) submitted in response to the show
cause notice dated 16.03.2026 (Annex-11) objectively and
sympathetically, in accordance with law, before taking any
coercive action for demolition or removal of the subject shop
pursuant to the said notice.
6. In the event the reply submitted by the petitioner is found
unsatisfactory and it is concluded that the construction of the
subject shop has been raised by encroaching upon public or
government land, the Executive Officer, Municipal Corporation,
Nohar, District Hanumangarh, shall pass a reasoned and speaking
order and duly communicate the same to the petitioner.
7. The petitioner shall be at liberty to challenge the validity of
any adverse order passed by the Executive Officer, Municipal
Corporation, Nohar, District Hanumangarh, after consideration of
his reply dated 17.03.2026 (Annex-12), before the appropriate
forum in accordance with law.
8. It is clarified that the direction to decide the petitioner's reply
dated 17.03.2026 (Annex.12) has been issued only to ensure
expeditious redressal of the petitioner's grievance, and the same
shall not be construed as a direction to decide the matter in any
particular manner.
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[2026:RJ-JD:16516] (4 of 4) [CW-7487/2026]
9. Till the petitioner's reply dated 17.03.2026 (Annex-12) is
considered and decided in compliance with this order, the parties
shall maintain status quo with respect to the subject shop.
10. All pending applications, if any, stand disposed of.
(KULDEEP MATHUR),J
14-himanshu/-
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