Disposed

Mohsin Ali Ansari v. the Principal Secretary, Ministry of Local Self Govt.

Rajasthan HC4 Apr 2023CW/1966/2021

Case brief

AI extract

What is this about?

The Hon'ble High Court of Judicature for Rajasthan at Jodhpur disposed of the petitioner's writ petition. The court directed the respondents to complete the pending proceedings under Section 39 of the Rajasthan Municipalities Act, 2009 in accordance with existing judicial mandates, instead of deciding the merits at this stage.

What did the court decide?

Direction to complete proceedings under Section 39 of the Act within eight months and dispose of the writ petition.

Mohsin Ali Ansari Vs the Principal Secretary… — Municipal and Town Planning | Rajasthan HC (2023)

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[2023/RJJD/008345]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 1966/2021

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Mohsin Ali Ansari S/o Manzoor Ansari, Aged About 35 Years, By Caste Muslim, R/o Plot No.212-B, Pal Link Road, Nandanvan, Jodhpur

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----Petitioner

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Versus

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The Principal Secretary, Ministry Of Local Self Govt., Rajasthan Government, G-3, Rajmahal Residential Area, C-Scheme, Near Civil Lines Fatak, Jaipur-16, Rajasthan.

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The Commissioner, Jodhpur Municipal Corporation (South), Jodhpur.

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The District Collector, Jodhpur.

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Manzoor Ali S/o Late Abdul Majeed, Plot No.34, Gangaram Colony, Behind 10 Shops, Naiyon Ki Bagechi, Chopasani Road, Jodhpur.

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----Respondents

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For Petitioner(s) : Mr. Parvez Khan Moyal. For Respondent(s) : Mr. Om Prakash Boob. Mr. Suniel Purohit

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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04/04/2023

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This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

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“1. That respondents may kindly be directed to remove respondent No.4 (Manzoor Ali) as a Corporator for the Ward no.24, Jodhpur Municipal Corporation (South), with immediate effect.

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2. That any other appropriate order or direction by which this Hon’ble Court considers just and proper in the facts

[2023/RJJD/008345]

[CW-1966/2021]

(2 of 2)

and circumstances of the present case, may kindly be passed in favour of the petitioner.

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3. Costs of the writ petition may kindly be awarded to the petitioner.”

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Learned counsel for the petitioner makes a limited submissions that rather than going into the merits of the case, the petitioner may be permitted to take up the issue before the authority, which is conducting the proceedings in terms of Section 39 of the Rajasthan Municipalities Act, 2009 (for short ‘the Act of 2009’), which is already going on.

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It is an admitted position that the proceedings under Section 39 of the Act of 2009 are going on against the present petitioner.

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Learned counsel for the respondents have pointed out that regarding the Section 39 of the Act of 2009, there is already an existing mandate given by this Hon’ble Court in Manzoor Ali Vs. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.17283/2021 decided on 21.01.2022.

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This Court on such limited prayer and perusing the order of Manzoor Ali (supra) , disposed of the writ petition with the direction to the respondents to complete the proceedings, while keeping the mandate in the spirit of Section 39 of the Act of 2009, strictly in accordance with law. The proceedings shall be decided preferably within a period of eight months from the date of receipt of certified copy of this Court, strictly in accordance with law. All pending applications also stand disposed of.

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(DR.PUSHPENDRA SINGH BHATI), J.

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65-Zeeshan

Mohsin Ali Ansari v. the Principal Secretary, Ministry of Local Self Govt.

Case brief

What is this about?

What did the court decide?

Mohsin Ali Ansari v. the Principal Secretary, Ministry of Local Self Govt.

Case brief

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What did the court decide?

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