In this petition, residents challenged an appellate order allowing finishing work on a structure near a fort. The High Court found no need for interference as the order sufficiently restrained construction and obstruction, dismissing the writ.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ No. 447/2018
----Petitioners Versus
----Respondents
For Petitioner(s) : Mr. Hemant Ballani For Respondent(s) : Mr. Yashwant Mehta Mr. Kuldeep Mathur Ms. Pintu Pareek
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
01/08/2018
(2 of 3)
[CW-447/2018]
“a) the application filed by the appellants for temporary injunction may kindly be allowed.
b) The order dated 30.11.2017 (Annex.8) passed by the District Judge, Jaisalmer in Civil Appeal Case No.19/2016 may kindly be quashed and set aside.
c) the order dated 09.11.2017 (Annex.6) passed by the Civil Judge, Jaisalmer may kindly be restored.
d) Any other appropriate writ, order or direction which this Hon`ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.
e) Writ petition filed by the petitioner may kindly be allowed with costs.”
(3 of 3) [CW-447/2018]
construction over the plot in-question and also not to make any hindrance on the main road surrounding the plot in-question. Counsel for the petitioner states that even internal constructions by private respondent has to be restrained, which has been allowed by the learned appellate court vide order dated 30.11.2017.
The writ petition is dismissed.
(Dr. PUSHPENDRA SINGH BHATI),J
Sanjay
2 issues framed by the court
Whether writ court interference is required in the appellate order which allowed finishing of internal parts of constructed building despite objection from residents regarding proximity to ancient mon
Whether private respondent is restrained sufficiently from making further construction by the impugned order.
All The Residents Of Jaisalmer Through Sanjay Bijani
Naveen
Giriraj
Dinesh
District Judge, Jaisalmer
Civil Judge, Jaisalmer
Dr. Pushpendra Singh Bhati
As recorded by the court registry
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