Allowed

Surendra Kumar v. Municipal Board, Taranagar

Rajasthan HC3 Apr 2024CW/4536/2023

Case brief

AI extract

What is this about?

Writ petition covered by a judgment of even date in another case; petition allowed, order dated 06.12.2022 passed by Divisional Commissioner, Bikaner quashed and matter remanded for fresh appellate hearing.

What did the court decide?

Order dated 06.12.2022 quashed; appeal hearing remanded to Divisional Commissioner afresh; petitioner free to raise defenses; stay and pending applications disposed of.

Surendra Kumar Vs Municipal Board, Taranagar — Writ and Judicial Review | Rajasthan HC (2024)

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[2024:RJ-JD:14727]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 4536/2023

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Surendra Kumar S/o Chayanmal, Aged About 42 Years, Resident Of Near Bajaj Motorcycle Agency, Ward No. 20, Taranagar District Churu.

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----Petitioner

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Versus

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Municipal Board, Taranagar, District Churu Through Its Chairman.

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Executive Engineer, Public Works Department, Taranagar District Churu.

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State Of Rajasthan, Through Tehsildar, Taranagar District Churu.

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Rooparam S/o Dhonkalram, By Caste Jaat Resident Of Behind Jaalpa College, Saraswati Nagar, Ward No. 20, Taranagar District Churu.

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----Respondents

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For Petitioner(s) : Mr. Devesh A. Purohit For Respondent(s) : Mr. Virendra Acharya Mr. Rajesh Parihar (through VC)

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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03/04/2024

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Learned counsel for the parties are in agreement that the controversy involved in the present case is squarely covered by a judgment of even date rendered by this Court in S.B. Civil Writ

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Petition No.4811/2023 (Yogyadev V/s Municipal Board,

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Taranagar & Ors) .

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In view of the submissions made above, the present writ petition is allowed. The order dated 06.12.2022 passed by the Divisional Commissioner, Bikaner is quashed and set aside. The

[2024:RJ-JD:14727]

[CW-4536/2023]

(2 of 2)

matter is remanded back to the Divisional Commissioner, Bikaner for conducting the hearing on appeal afresh, after giving reasonable opportunity of hearing to all the concerned parties.

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Needless to say, the petitioner will be at liberty to raise all the available defenses before the appellate authority. 4. The parties shall appear before the Divisional Commissioner, Bikaner on 23.04.2024 and thereafter on the dates as fixed by the Divisional Commissioner.

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Stay petition as well as other pending applications, if any, shall stand disposed of.

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(VINIT KUMAR MATHUR),J

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74-/Vivek/-

Surendra Kumar v. Municipal Board, Taranagar

Case brief

What is this about?

What did the court decide?

Surendra Kumar v. Municipal Board, Taranagar

Case brief

What is this about?

What did the court decide?

What the court decided

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