The High Court dismissed six civil writ petitions but disposed of them by granting liberty to appeal under Section 194 of the 2009 Act and to apply for temporary release of seized documents and goods.
Liberty to appeal under Section 194(12) and to apply for temporary release of seized documents and goods; respondent to defreeze shop within 3 days.
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.
[2024:RJ-JD:12802]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
(1) S.B. Civil Writ Petition No. 2789/2024
Mitul Kothari S/o Dinesh Kothari, Aged About 49 Years, R/o-181, Main Road, Bhupalpura, Saint School Ke Pass, Udaipur.
----Petitioner
Versus
----Respondents
Connected With
(2) S.B. Civil Writ Petition No. 2861/2024
Waquar Ahmed Shaikh S/o Haji Kashtikar, Aged About 49 Years, R/o 463-Raza Colony, Mula Talai, Girwa, District Udaipur.
----Petitioner
Versus
----Respondents
(3) S.B. Civil Writ Petition No. 2868/2024
Shri Chand Gakhreja S/o Vishan Das Gakhreja, Aged About 73 Years, Resident Of Shakti Nagar, 106-B, Udaipur.
----Petitioner
Versus
(2 of 4)
[2024:RJ-JD:12802]
[CW-2789/2024]
----Respondents
(4) S.B. Civil Writ Petition No. 2878/2024
Shiv Shankar Paliwal S/o Devi Lal Paliwal, Aged About 70 Years, Resident Of Sanchali, Samad, District Udaipur.
----Petitioner
Versus
----Respondents
(5) S.B. Civil Writ Petition No. 2879/2024
Jitendra Gokhlani S/o Pritam Das Gokhlani, Aged About 57 Years, Resident Of 146-Tegor Nagar, Sector 4, Udaipur.
----Petitioner
Versus
----Respondents
(6) S.B. Civil Writ Petition No. 2882/2024
(3 of 4) [CW-2789/2024]
[2024:RJ-JD:12802]
Mehmood Shaikh S/o Fateh Mohammed, Aged About 82 Years, Resident Of House No. 46/729, Kallesath Masjid, Girwa, Udaipur.
----Petitioner
| For Petitioner(s) | : Mr. Raghu Raj Sharma |
|---|---|
| Mr. Gaurav Kansara | |
| For Respondent(s) | : Mr. AnuragShukla |
HON'BLE DR. JUSTICE NUPUR BHATI
Order
18/03/2024
Heard learned counsel for the parties.
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.
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.
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.
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.
A copy of this order be placed in each file.
(DR. NUPUR BHATI),J
269-274-/Devesh/-
2 issues framed by the court
Whether the petitioner may be permitted to avail the remedy under sub-section 12 of Section 194 of the Rajasthan Municipalities Act, 2009 by filing an appeal against the order dated 15.02.2024.
Whether the petitioner may be given liberty to approach the respondents for permission to take out documents and perishable items from the shop seized vide order dated 15.02.2024.
1 provisions across 1 enactments
Mitul Kothari S/o Dinesh Kothari
Waquar Ahmed Shaikh S/o Haji Kashtikar
Shri Chand Gakhreja S/o Vishan Das Gakhreja
Shiv Shankar Paliwal S/o Devi Lal Paliwal
Jitendra Gokhlani S/o Pritam Das Gokhlani
Mehmood Shaikh S/o Fateh Mohammed
Nupur Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
