Disposed

Raju Lal S/O Bheru Lal v. State of Rajasthan

Rajasthan HC6 May 2024CW/3255/2024

Case brief

AI extract

What is this about?

Writ petition against a municipal notice under Section 194(9)(10) read with Section 245 of the Rajasthan Municipalities Act, 2009. The court directed the petitioner to file a statutory appeal under Section 194(12) within one month with limitation relaxed and interim restraint on coercive action; stay application dismissed.

What did the court decide?

Liberty to file statutory appeal within one month with limitation ignored, temporary restraint on respondent action, appeal to be decided on merits; stay application dismissed.

Raju Lal S/O Bheru Lal Vs State of Rajasthan — Municipal and Town Planning | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 3255/2024

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Raju Lal S/o Bheru Lal, Aged About 46 Years, R/o Pakka Bandha, Mehgaon, District Tonk (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through The Principal Secretary, Urban Development And Housing Department, Government Of Rajasthan, Government Secretariat, Jaipur.

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District Collector, Tonk (Raj.)

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Tehsildar, Tehsil And District Tonk, Rajasthan

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Commissioner, Nagar Parishad, District Tonk (Raj.)

¶10

----Respondents

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For Petitioner(s) : Mr. Akshay Yadav For Respondent(s) : None Present

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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06/05/2024

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Aggrieved by the notice dated 19.02.2024 issued under Section 194(9)(10) read with Section 245 of the Rajasthan Municipalities Act, 2009 (for short ‘the Act of 2009’), the instant writ petition has been filed.

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The aforesaid notice/order is appealable under Section 194(12) of the Act of 2009, but without availing the alternative statutory remedy of filing appeal under Section 194(12) of the Act of 2009, the petitioner has approached this Court straightaway by way of filing this writ petition under Article 226 of the Constitution of India.

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[CW-3255/2024]

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(2 of 2)

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It is the well settled proposition of law that whenever the alternative statutory remedy is available to a person, he cannot be allowed to bypass the jurisdiction of the said Appellate Authority.

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In view of the above, the instant writ petition stands disposed of granting liberty to the petitioner to file statutory appeal under Section 194(12) of the Act of 2009 before the Appellate Authority within a period of one month from today. In case, such appeal is submitted within a period of one month from today, the Appellate Authority is expected to hear and decide the same on the merits after affording opportunity of hearing to all the respective parties strictly in accordance with law expeditiously, ignoring the period of limitation.

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Till filing of the appeal or one month from today, the respondents are restrained to not to take any action against the petitioner, thereafter, the Appellate Authority shall decide the stay application in case filed with the memo of appeal on the merits after affording due opportunity of hearing to all the respective parties.

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Stay application and all application(s) (pending, if any) also stand dismissed.

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(ANOOP KUMAR DHAND),J

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DIKSHA MISHRA /28

Raju Lal S/O Bheru Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Raju Lal S/O Bheru Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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