Petitioner challenged notices issued to restrain interference in commercial use of property without conversion. Court cited law requiring conversion charges and found no illegality, dismissing the writ petition as petitioner could seek remedy via revision.
Writ petition dismissed; petitioner advised to file revision under Section 327.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ No. 7387/2016
Narayan Swaroop Srivastava
----Petitioner
Versus
State And Ors
----Respondent
| For Petitioner(s) | : Mr.B.P. Mathur |
|---|---|
| For Respondent(s) | : Mr. Sunil Purohit |
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
01/10/2018
By way of this writ petition, the petitioner Narayan Swaroop has approached this Court for assailing the notices dated 31.03.2016 and 02.06.2016 issued by the Deputy Commissioner, Nagar Nigam, Jodhpur to the petitioner’s brother Bhagwan Swaroop and to restrain the respondents from interfering in the commercial use of the property in question.
I have heard and considered the arguments advanced by learned counsel for the parties and have gone through material available on record.
Admittedly, the petitioner and his family members are using the residential premises in question for commercial use without getting the same converted as per law. This Court in the case of Smt. Gyatri Tiwari Vs. State of Rajasthan reported in 2017 (3) WLC (Raj.) 562 has held that even for putting free hold plots to commercial use, the land holder would have to pay the
(2 of 2)
[CW-7387/2016]
commercial conversion charges in accordance with Sections 182 and 344 of the Rajasthan Municipalities Act, 2009.
In this background I find no illegality or infirmity in the impugned notices so as to for interfere therein while exercising this Court’s extra ordinary writ jurisdiction. Furthermore, the petitioner, if so advised, can always challenge these notices by filing revision petition under Section 327 of the Rajasthan Municipalities Act, 2009.
In view of the above discussion made herein above, the writ petition fails and is hereby dismissed.
(SANDEEP MEHTA),J
Mamta/65
2 issues framed by the court
Whether the notices issued to restrain interference in commercial use of property are liable to be set aside in writ jurisdiction.
Whether the petitioner is using residential premises for commercial use without obtaining conversion.
Colour shows how this judgement treated each authority
Smt. Gyatri Tiwari Vs. State of RajasthanReferred¶14
2017 (3) WLC (Raj.) 562
2 provisions across 1 enactments
Narayan Swaroop Srivastava
State
Sandeep Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
