High Court disposed of multiple writ petitions connected to plans by referring them to Ratisha Saboo WP (No. 4344/2024). The case directed the corporations to regularize shop possession grants within six weeks.
Respondents to complete the process for grant of Patta within six weeks from 06.06.2024; petitioner to submit original documents when asked.
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.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.
S.B. Civil Writ Petition No. 4344/2024
Ratisha Saboo W/o Shri Sandeep Saboo, Aged About 35 Years, R/o Plot No. 230, Nandanvan, Pal Link Road, Jodhpur, Rajasthan.
----Petitioner
Versus
----Respondents
Connected With
S.B. Civil Writ Petition No. 4032/2024
Shobha Saboo W/o Shri Suresh Kumar Saboo, Aged About 60 Years, R/o Plot No. 230, Nandanvan, Pal Link Road, Jodhpur, Rajasthan.
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 4347/2024
Shobha Saboo W/o Shri Suresh Kumar Saboo, Aged About 60
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[CW-4344/2024]
Years, R/o Plot No. 230, Nandanvan, Pal Link Road, Jodhpur, Rajasthan.
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 4363/2024
Sangeeta Saboo W/o Dinesh Saboo, Aged About 59 Years, R/o Plot No.230, Nandanvan, Pal Link Road, Jodhpur, Rajasthan.
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 4705/2024
Guddi W/o Munir Khan, Aged About 50 Years, 17-18, R/o Ligh Scheme, Nandanvan Chopasani Road, Jodhpur, Rajasthan.
----Petitioner
Versus
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----Respondents
S.B. Civil Writ Petition No. 4711/2024
Pukhraj Gupta S/o Late Shri Mangilal Gupta, Aged About 71 Years, R/o 216 Baldev Nagar, Pal Link Road, Jodhpur, Rajasthan.
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 4738/2024
Babu Khan W/o Late Shri Allahdin Khan, Aged About 69 Years, R/o Sivanchi Gate Sindhiyon Ka Mohalla, Nadi Gali, Jodhpur, Rajasthan.
----Petitioner
Versus
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[CW-4344/2024]
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(South), Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 4781/2024
Vahida Bano W/o Shri Babu Khan, Aged About 65 Years, R/o Sivanchi Gate Sindhiyon Ka Mohalla, Nadi Gali, Jodhpur, Rajasthan.
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 4973/2024
Fooli Devi W/o Shri Dhanna Ram, Aged About 55 Years, R/o E- 459, Kamla Nehru Nagar, Hudco Quarter, Jodhpur.
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 4985/2024
Pukhraj Gupta S/o Late Shri Mangilal Gupta, Aged About 71 Years, R/o 216 Baldev Nagar, Pal Link Road, Jodhpur, Rajasthan.
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----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 4986/2024
Guddi W/o Munir Khan, Aged About 50 Years, R/o 17-18, Ligh Scheme, Nandanvan Chopasni Road, Jodhpur, Rajasthan.
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 4988/2024
Fooli Devi W/o Shri Dhanna Ram, Aged About 55 Years, R/o E- 459, Kamla Nehru Nagar, Hudco Quarter, Jodhpur.
----Petitioner
Versus
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[CW-4344/2024]
----Respondents
S.B. Civil Writ Petition No. 4995/2024
Fooli Devi W/o Shri Dhanna Ram, Aged About 55 Years, R/o E- 459, Kamla Nehru Nagar, Hudco Quater, Jodhpur.
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 5008/2024
Fooli Devi W/o Dhanna Ram, Aged About 55 Years, R/o E-459, Kamla Nehru Nagar, Hudco Quarter, Jodhpur.
----Petitioner
Versus
----Respondents
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S.B. Civil Writ Petition No. 5119/2024
Babu Khan S/o Allahdin Khan, Aged About 69 Years, R/o Sivanchi Gate Sindhiyon Ka Mohalla, Nadi Gali, Jodhpur, Rajasthan.
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 5215/2024
Babu Khan S/o Late Shri Allahdin Khan, Aged About 69 Years, R/o Sivanchi Gate Sindhiyon Ka Mohalla, Nadi Gali, Jodhpur, Rajasthan.
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 5221/2024
Guddi W/o Munir Khan, Aged About 50 Years, R/o 17-18, Ligh Scheme, Nandanvan Chopasni Road, Jodhpur, Rajasthan.
----Petitioner
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Versus
----Respondents
S.B. Civil Writ Petition No. 5343/2024
Guddi W/o Munir Khan, Aged About 50 Years, R/o 17-18, Ligh Scheme, Nandanvan Chopasani Road, Jodhpur, Rajasthan.
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 5368/2024
Ratisha Saboo W/o Shri Sandeep Saboo, Aged About 35 Years, R/o Plot No. 230, Nandanvan, Pal Link Rod, Jodhpur, Rajasthan.
----Petitioner
Versus
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Commissioner, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 5374/2024
Fooli Devi W/o Dhanna Ram, Aged About 55 Years, R/o E-459, Kamla Nehru Nagar, Hudco Quarter, Jodhpur.
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 5377/2024
Fooli Devi W/o Dhanna Ram, Aged About 55 Years, R/o E-459, Kamla Nehru Nagar, Hudco Quarter, Jodhpur.
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 6127/2024
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Sangeeta Saboo W/o Shri Dinesh Saboo, Aged About 59 Years, R/o Plot No. 230, Nandanvan, Pal Link Road, Jodhpur, Rajasthan.
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 6505/2024
Baitulmal Committee, Hospital Building, Ghasmandi Road, Chandwal Ki Haveli, Jodhpur (Raj.). Through Its Secretary Shri Abdul Rahim S/o Shri Abdul Hakim.
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 6527/2024
Baitulmal Committee, Hospital Building, Ghasmandi Road, Chandwal Ki Haveli, Jodhpur (Raj) Through Its Secretary Shri Abdul Rahim S/o Shri Abdul Hakim.
----Petitioner
Versus
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----Respondents
For Petitioner(s) : Anirudh Purohit. For Respondent(s) : Mr. Suniel Purohit.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
07/05/2024
S.B. Civil Writ Petition No. 4344/2024
Heard learned counsel for the parties.
The present writ petition has been filed with the prayer that the respondent Corporation may be directed to grant Patta of the shop in question in favour of the petitioner pursuant to the order dated 20.02.2023 (Annex.4) passed by the Directorate, Local Self Government, Jaipur and a prayer has also been made for quashing the subsequent resolution dated 07.08.2023 (Annex.10) passed in the meeting of the Empowered Committee held on 31.07.2023.
Briefly noted facts in the present case are that the petitioner was granted license of a shop in L.I.G.H. Scheme-1 situated at Chopasani Road, Jodhpur on 18.09.1971. The license of the shop in question was issued by the erstwhile Urban Improvement Trust, Jodhpur on the lease basis through auction process held on
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01.06.1971. After the auction process was over, the petitioner deposited the entire payment to the respondents against grant of license of the shop in question. The sale of shop in question was also registered vide registered sale deed dated 30.08.2013. The petitioner is in possession of the shop in question since 1971. Subsequently, the authorities of the Urban Improvement Trust, Jodhpur reviewed the auction proceedings and found certain procedural irregularities in the allotment of shops and therefore, a resolution was passed to cancel the auction proceedings undertaken and refund the entire consideration amount to the license holders with an interest @ 6% p.a. This resolution was never acted upon and the petitioner continued to hold possession of the shop in question.
The petitioner, in these circumstances, approached the respondents in the year 2016 for regularization of the shop in question and the matter was placed before the Marketing and Revenue Committee of the respondent Corporation and the committee after certain deliberation referred the matter to the State Government vide letter dated 25.09.2019. The State Government in turn vide letter dated 14.08.2020 sought information on certain points from the respondent Corporation. Thereafter, the State Government vide letter dated 03.08.2021 requested the Corporation to send the resolution/recommendation of the Board to enable the State to review the matters of the shops. The State Government on 27.09.2021 constituted an Empowered Committee to take a decision in respect of the resolution of the shops forming part of L.I.G.H. Scheme-1. The committee held its meeting on 18.08.2022 and after exhaustive
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consideration of the matter, the minutes of the meeting were reduced in writing on 14.09.2022 and it was resolved that it would not be appropriate to dispossess the license holders as they are in possession for a long time and therefore, the respondent Corporation was directed to regularize 44 shops after charging arrears, if any. In these circumstances, the respondent No.2 vide its letter dated 20.02.2023 directed the respondent No.3 to regularize 44 shops after charging arrears from the persons holding possession of the shops.
In pursuance of the direction dated 20.02.2023, the respondents invited the objections vide notice published on 12.05.2023. Since, the respondent Corporation did not receive any objection, thus, a demand of Rs.1000/- was raised towards the transfer fee from the petitioner which was satisfied on 08.06.2023. The respondent Corporation vide its order dated 20.06.2023 sanctioned transfer of the name in respect of the shop in question in favour of the petitioner. Other formalities with respect to Urban Assessment Ledger were also completed and demand due was also deposited by the petitioner. Since, there was some deviation in the construction of the shop in question, therefore, a penalty was imposed upon the petitioner for undertaking the construction in deviation of the settled norms. The petitioner deposited the penalty amount and a receipt to that effect has also been placed on record. Other demands raised by the respondent Corporation were also satisfied by the petitioner by making payment towards the same. Despite entire formalities having been completed, the respondent Corporation once again issued an order dated 07.08.2023, whereby, it has been resolved
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in the meeting held on 31.07.2023 to seek certain documents in original from the shop owners like the petitioner for grant of Patta. Since, the patta has not been issued to the petitioner despite clear directions having been issued by the State Government vide order dated 20.02.2023, the present writ petition petition has been filed before this court.
Learned counsel for the petitioner submits that the petitioner is holding possession of the shop in question for more than last 50 years and decision has already been taken to regularize the same by issuing Patta in favour of the petitioner. Entire formalities have also been completed by the petitioner and other similarly situated persons by depositing entire dues as demanded by the respondents.
Learned counsel further submits that despite certain deviations undertaken by the petitioner in construction of the shop having been regularized by passing penalty orders and the same having been deposited, there is no impediment now for the respondent Corporation in issuing the Patta in favour of the petitioner. However, despite decision of the Empowered Committee already in favour of the petitioner, the order dated 07.08.2023 has been passed in violation of earlier decision undertaken by the respondent. He, therefore, prays that the writ petition filed by the petitioner may be allowed and the respondent Corporation may be directed to issue Patta in favour of the petitioner at the earliest.
Per contra, learned counsel for the respondents submits that entire formalities in pursuance of the directions issued by the State Government vide order dated 20.02.2023 have been undertaken and almost completed, however, due to imposition of
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Model Code of Conduct on account of Lok-Sabha Elections-2024, the proceedings could not be completed by the competent authority.
Learned counsel further submits that vide Annex.10 dated 07.08.2023, the Empowered Committee only asked for the original documents from the petitioner to complete the formalities with regard to issuance of the Patta in his favour and in no manner, the decision taken vide Annex.10 can be considered against the decision of the Empowered Committee already undertaken in the past. Learned counsel for the respondents, in these circumstances, also submits that the application preferred by the petitioner under Section 69A of the Rajasthan Municipalities Act, will be considered and decided after the Model Code of Conduct is over and requisite Patta will be issued in favour of the petitioner. He, therefore, prays that the respondents may be granted six weeks time to complete necessary formalities for issuing Patta in favour of the petitioner.
I have considered the submissions made at the bar and also gone through relevant record of the case.
The facts mentioned hereinabove show that the petitioner is in possession of the shop in question since 1971 and after protracted correspondence between the respondents, the order dated 20.02.2023 has been passed by the State Government to grant patta to the petitioner and other 44 shop owners by regularizing their claims. The respondent Corporation after receipt of the order dated 20.02.2023 has taken requisite steps for grant of Patta to the petitioner and in the process, certain documents have been sought for from the shop owners to complete the
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formalities. Due to imposition of Model Code of Conduct in the wake of Lok-Sabha Elections- 2024, the process undertaken by the respondents could not be completed and therefore, the application submitted by the petitioner under section 69A of the Rajasthan Municipalities Act could not be disposed of by issuing Patta in his favour. Learned counsel for the respondents submitted that the respondents are under an obligation to conclude the process for grant of Patta after the Model Code of Conduct is over and he prays for adequate time to complete the process, the present writ petition is disposed of with a direction to the respondents to complete the process for grant of Patta in favour of the petitioner in pursuance of the order dated 20.02.2023 within a period of six weeks starting from 06.06.2024.
The petitioner is also directed to submit the original documents held by him to process the application preferred by him under section 69A of the Rajasthan Municipalities Act as and when asked for.
S.B. Civil Writ Petition No. 4032/2024 S.B. Civil Writ Petition No. 4347/2024 S.B. Civil Writ Petition No. 4363/2024 S.B. Civil Writ Petition No. 4705/2024 S.B. Civil Writ Petition No. 4711/2024 S.B. Civil Writ Petition No. 4738/2024 S.B. Civil Writ Petition No. 4781/2024 S.B. Civil Writ Petition No. 4973/2024 S.B. Civil Writ Petition No. 4985/2024 S.B. Civil Writ Petition No. 4986/2024 S.B. Civil Writ Petition No. 4988/2024 S.B. Civil Writ Petition No. 4995/2024 S.B. Civil Writ Petition No. 5008/2024 S.B. Civil Writ Petition No. 5119/2024 S.B. Civil Writ Petition No. 5215/2024 S.B. Civil Writ Petition No. 5221/2024 S.B. Civil Writ Petition No. 5343/2024 S.B. Civil Writ Petition No. 5368/2024 S.B. Civil Writ Petition No. 5374/2024
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S.B. Civil Writ Petition No. 5377/2024 S.B. Civil Writ Petition No. 6127/2024 S.B. Civil Writ Petition No. 6505/2024 S.B. Civil Writ Petition No. 6527/2024
Learned counsel for the parties are in agreement that the controversy involved in the present case is squarely covered by the judgment of even date passed by this Court in Ratisha Saboo vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 4344/2024).
Accordingly, the writ petitions are disposed of in the same terms as in Ratisha Saboo vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 4344/2024). The operative portion of the order dated 07.05.2024 passed in the case of Ratisha Saboo reads as under:-
“The present writ petition is disposed of with a direction to the respondents to complete the process for grant of Patta in favour of the petitioner in pursuance of the order dated 20.02.2023 within a period of six weeks starting from 06.06.2024.
The petitioner is also directed to submit the original documents held by him to process the application preferred by him under section 69A of the Rajasthan Municipalities Act as and when asked for”.
Let a copy of this order be placed in each connected file.
(VINIT KUMAR MATHUR),J
64-87 AnilSingh/-
1 issue framed by the court
Whether the respondents are directed to complete the process of issuing Patta to the petitioner pursuant to the State Government's order dated 20.02.2023 within six weeks.
Colour shows how this judgement treated each authority
Ratisha Saboo vs. State of RajasthanFollowed¶298
Ratisha Saboo vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 4344/2024)
1 provisions across 1 enactments
Ratisha Saboo
State Of Rajasthan
Director Of Local Bodies
Jodhpur Municipal Corporation (South)
Deputy Commissioner And Member Secretary
Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
