Allowed

Rupal Holdings Pvt. Ltd. v. State Local Self and Ors.

Rajasthan HC3 Aug 2017CW/4690/2011

Case brief

AI extract

What is this about?

Writ petition filed by a private company praying for a direction to the State Government and Municipal Council to decide a pending application for hotel construction permission without delay. The court directed the authorities to decide the application within two months.

What did the court decide?

Direction to the Secretary, Department of Local Self and Urban Development, Government of Rajasthan, to finally decide the pending application for construction permission within two months from the da

Rupal Holdings Pvt. Ltd. Vs State Local Self and Ors. — Rajasthan HC (2017) — LawSathi Research

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 4690 / 2011

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Rupal Holdings Pvt. Ltd., A company registered under the companies Act, 1956 having its registered office at 59, Moti Magri Scheme, Udaipur (Raj).

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----Petitioner

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Versus

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The State of Rajasthan through the Secretary, Department of Local Self and Urban Development and Housing, Government of Rajasthan, Jaipur.

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The Director, Local Self Department, Government of Rajasthan, Jaipur

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The Chief Town Planner, Town Planning Department, Government of Rajasthan, Jaipur.

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The Municipal Council, Udaipur through its Commissioner.

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----Respondents

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_____________________________________________________ For Petitioner(s) : Mr. M.S. Singhvi Sr. Advocate assisted by

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Mr. Rajat Dave

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Mr. Anupam G. Vyas Mr. Deepak Chandak

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For Respondent(s) : Mr. K.L. Thakur-AAG assisted by

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Mr. Rishabh Tayal

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Mr. Anurag Shukla

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Judgment / Order

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03/08/2017

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This writ petition has been filed by the petitioner seeking

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following relief from this Court:-

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It is therefore, humbly prayed, that this Hon’ble Court

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may kindly be pleased to allow the writ petition and :-

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(i) by an appropriate writ, order or direction, the respondents

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may kindly be directed to decide the application (Annexure-15)

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(2 of 3)

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[CW-4690/2011]

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submitted by the petitioner for grant of construction permission on the land in question;

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(ii) any other appropriate order or direction, which this Hon’ble court considers just and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioner;

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(iii) costs of the writ petition may kindly be awarded to the petitioner.

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The case, as set up by the petitioner, in this writ petition is that the petitioner, a Private Limited Company registered under the Companies Act, 1956 having its registered office at Udaipur, Rajasthan has filed an application (Annexure-15) seeking permission to raise construction of a hotel on the land situated in Revenue Village Dewali, Tehsil Girwa, District Udaipur. The said application of the petitioner-company was processed by the Municipal Council, Udaipur and forwarded to the State Government vide letter dated 18.01.2008 (Annexure-20).

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The grievances of the petitioner-company is that though the application filed by it is pending consideration with the State Government since 2008 but no decision has yet been taken by the State Government.

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Learned counsel for the petitioner-company has submitted that he seeks little indulgence to this Court to the effect that a direction be issued to the State Government to decide the pending application of the petitioner-company within stipulated time.

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Learned counsels appearing for the respondent-State as well as the respondent-Municipal Council, Udaipur have no objection if such direction is issued.

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(3 of 3)

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[CW-4690/2011]

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In view of the above, this writ petition is disposed of with a direction to the Secretary, Department of Local Self and Urban Development and Housing, Government of Rajasthan, Jaipur to finally decided the application filed by the petitioner-company seeking permission to raise construction of a hotel on the land of Revenue Village Dewali, Tehsil Girwa, District Udaipur, strictly in accordance with law within a period of two months from the date of production of certified copy of this order.

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Stay petition also disposed of.

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(VIJAY BISHNOI)J.

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Gaurav/88

Rupal Holdings Pvt. Ltd. v. State Local Self and Ors.

Case brief

What is this about?

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Rupal Holdings Pvt. Ltd. v. State Local Self and Ors.

Case brief

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