Disposed

Mitul Kothari v. the Nagar Nigam

Rajasthan HC18 Mar 2024CW/2789/2024

Case brief

AI extract

What is this about?

The High Court disposed of connected writ petitions. The Court allowed petitioners to file an appeal against an impugned order dated 15.02.2024 under Section 194 of the Rajasthan Municipalities Act and granted liberty to seek permission to retrieve seized documents and perishable items from their shop.

What did the court decide?

Liberty permitted to file appeal under Section 194 of Rajasthan Municipalities Act and to apply for retrieval of seized documents and goods.

Mitul Kothari Vs the Nagar Nigam — Property and Title | Rajasthan HC (2024)

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[2024:RJ-JD:12802]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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(1) S.B. Civil Writ Petition No. 2789/2024

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Mitul Kothari S/o Dinesh Kothari, Aged About 49 Years, R/o-181, Main Road, Bhupalpura, Saint School Ke Pass, Udaipur.

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----Petitioner

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Versus

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The Nagar Nigam, Udaipur Through Commissioner Nagar Nigam, Udaipur, Address Town Hall, Link Road, Udaipur.

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The Chairperson, Nagar Nigam Udaipur, Address At Town Hall, Link Road, Udaipur.

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Rajasthan Board Of Muslim Vakf Jaipur, Through Secretary Shah Ji Fakir Ka Bangla (Takiya Vakf) Alamshahoor, Takiya Saudagaran, Delhi Gate, Udaipur, Rajasthan.

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----Respondents

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Connected With

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(2) S.B. Civil Writ Petition No. 2861/2024

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Waquar Ahmed Shaikh S/o Haji Kashtikar, Aged About 49 Years, R/o 463-Raza Colony, Mula Talai, Girwa, District Udaipur.

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----Petitioner

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Versus

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The Nagar Nigam, Udaipur Through Commissioner Nagar Nigam, Udaipur, Address Town Hall, Link Road, Udaipur.

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The Chairperson, Nagar Nigam Udaipur, Address At Town Hall, Link Road, Udaipur.

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Rajasthan Board Of Muslim Vakf, Jaipur Through Secretary Shah Ji Fakir Ka Bangla (Takiya Vakf) Alamshahoor, Takiya Saudagaran, Dehli Gate, Udaipur, Rajasthan.

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----Respondents

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(3) S.B. Civil Writ Petition No. 2868/2024

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Shri Chand Gakhreja S/o Vishan Das Gakhreja, Aged About 73 Years, Resident Of Shakti Nagar, 106-B, Udaipur.

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----Petitioner

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Versus

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The Nagar Nigam, Udaipur Through Commissioner Nagar

(2 of 4)

[2024:RJ-JD:12802]

[CW-2789/2024]

Nigam, Udaipur, Address Town Hall, Link Road, Udaipur.

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1. The Chairperson, Nagar Nigam Udaipur, Address At Town Hall, Link Road, Udaipur.

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Rajasthan Board Of Muslim Vakf, Jaipur Through Secretary Shah Ji Fakir Ka Bangla (Takiya Vakf) Alamshahoor, Takiya Saudagaran, Dehli Gate, Udaipur, Rajasthan.

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----Respondents

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(4) S.B. Civil Writ Petition No. 2878/2024

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Shiv Shankar Paliwal S/o Devi Lal Paliwal, Aged About 70 Years, Resident Of Sanchali, Samad, District Udaipur.

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----Petitioner

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Versus

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The Nagar Nigam, Udaipur Through Commissioner Nagar Nigam, Udaipur, Address Town Hall, Link Road, Udaipur.

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The Chairperson, Nagar Nigam Udaipur, Address At Town Hall, Link Road, Udaipur.

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Rajasthan Board Of Muslim Vakf, Jaipur Through Secretary Shah Ji Fakir Ka Bangla (Takiya Vakf) Alamshahoor, Takiya Saudagaran, Dehli Gate, Udaipur, Rajasthan.

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----Respondents

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(5) S.B. Civil Writ Petition No. 2879/2024

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Jitendra Gokhlani S/o Pritam Das Gokhlani, Aged About 57 Years, Resident Of 146-Tegor Nagar, Sector 4, Udaipur.

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----Petitioner

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Versus

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The Nagar Nigam, Udaipur Through Commissioner Nagar Nigam, Udaipur, Address Town Hall, Link Road, Udaipur.

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The Chairperson, Nagar Nigam Udaipur, Address At Town Hall, Link Road, Udaipur.

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Rajasthan Board Of Muslim Vakf, Jaipur Through Secretary Shah Ji Fakir Ka Bangla (Takiya Vakf) Alamshahoor, Takiya Saudagaran, Dehli Gate, Udaipur, Rajasthan.

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----Respondents

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(6) S.B. Civil Writ Petition No. 2882/2024

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(3 of 4) [CW-2789/2024]

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[2024:RJ-JD:12802]

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Mehmood Shaikh S/o Fateh Mohammed, Aged About 82 Years, Resident Of House No. 46/729, Kallesath Masjid, Girwa, Udaipur.

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----Petitioner

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Versus

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1. The Nagar Nigam, Through Commissioner, Nagar Nigam, Udaipur, Address Town Hall, Link Road, Udaipur.

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The Chairperson, Nagar Nigam Udaipur, Address At Town Hall, Link Road, Udaipur.

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Rajasthan Board Of Muslim Vakf, Jaipur Through Secretary Shah Ji Fakir Ka Bangla (Takiya Vakf) Alamshahoor, Takiya Saudagaran, Dehli Gate, Udaipur, Rajasthan. ----Respondents

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For Petitioner(s)	: Mr. Raghu Raj Sharma
	Mr. Gaurav Kansara
For Respondent(s)	: Mr. AnuragShukla

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HON'BLE DR. JUSTICE NUPUR BHATI

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Order

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18/03/2024

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Heard learned counsel for the parties.

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Learned counsel for the petitioner(s), after having attempted to argue the matter at some length, submits that the petitioner(s) may be permitted to avail the remedy available under sub-section 12 of Section 194 of the Rajasthan Municipalities Act, 2009 by way of filing an appeal against the order dated 15.02.2024.

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Learned counsel for the petitioner(s) further submits that since the requisite documents to defend their case are also lying in the shop which had been seized vide order dated 15.02.2024, therefore, the petitioner(s) may be given liberty to approach the respondents by way of filing an appropriate application for

[2024:RJ-JD:12802]

[CW-2789/2024]

(4 of 4)

allowing them to take out certain documents, perishable items and any other article which they wish to take out from the seized shop.

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On the submission made by the counsel for the petitioner(s) on this aspect, the learned counsel for the respondent assures this Court that in the event of filing such application, the respondents will allow the petitioner(s) to open their shop for a reasonable time to take out the requisite documents, perishable items and all other materials which they wish to take away from the shop under seize.

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In view of the submissions made before this Court, the writ petitions are disposed of with liberty to the petitioner(s) to approach the appellate authority by way of filing an appropriate appeal as mandated under sub-section 12 of Section 194 of the Act of 2009 and the petitioner(s) are further permitted to move an appropriate application to the respondent-authorities for taking out the relevant documents, perishable items or any other material which they wish to take away. In the event of filing such application, the respondents shall defreeze the shop for a certain period for allowing the petitioner(s) to take away their documents and goods from the shop at the earliest, preferably within a period of three days from the date of filing such application before the authorities.

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A copy of this order be placed in each file.

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(DR. NUPUR BHATI),J

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269-274-/Devesh/-

Mitul Kothari v. the Nagar Nigam

Case brief

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Mitul Kothari v. the Nagar Nigam

Case brief

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