Disposed

Ratisha Saboo v. the State of Rajasthan

Rajasthan HC7 May 2024CW/5368/2024

Case brief

AI extract

What is this about?

Shop license holders in L.I.G.H. Scheme-1, Jodhpur sought issuance of Patta pursuant to a State order regularizing 44 shops. The court disposed of the writ petitions directing the respondents to complete the Patta grant process within six weeks from 06.06.2024, with petitioners to submit original documents as requested.

What did the court decide?

Respondents directed to complete grant of Patta per order dated 20.02.2023 within six weeks from 06.06.2024; petitioners to submit original documents.

Ratisha Saboo Vs the State of Rajasthan — Municipal and Town Planning | Rajasthan HC (2024)

(1 of 17)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

¶5

S.B. Civil Writ Petition No. 4344/2024

¶6

Ratisha Saboo W/o Shri Sandeep Saboo, Aged About 35 Years, R/o Plot No. 230, Nandanvan, Pal Link Road, Jodhpur, Rajasthan.

¶7

----Petitioner

¶8

Versus

¶9

The State Of Rajasthan, Through The Secretary, Local Self Government, Government Of Rajasthan, Jaipur.

¶10

Director Of Local Bodies, Local Self Government, Rajasthan, Jaipur.

¶11

Jodhpur Municipal Corporation (South), Through Its Commissioner, Jodhpur.

¶12

Deputy Commissioner And Member Secretary, Empowered Committee, Jodhpur Municipal Corporation (South), Jodhpur.

¶13

----Respondents

¶14

Connected With

¶15

S.B. Civil Writ Petition No. 4032/2024

¶16

Shobha Saboo W/o Shri Suresh Kumar Saboo, Aged About 60 Years, R/o Plot No. 230, Nandanvan, Pal Link Road, Jodhpur, Rajasthan.

¶17

----Petitioner

¶18

Versus

¶19

The State Of Rajasthan, Through The Secretary, Local Self Government, Government Of Rajasthan, Jaipur.

¶20

Director Of Local Bodies, Local Self Government, Rajasthan Jaipur.

¶21

Jodhpur Municipal Corporation (South), Through Its Commissioner, Jodhpur.

¶22

Deputy Commissioner And Member Secretary, Empowered Committee, Jodhpur Municipal Corporation (South), Jodhpur.

¶23

----Respondents

¶24

S.B. Civil Writ Petition No. 4347/2024

¶25

Shobha Saboo W/o Shri Suresh Kumar Saboo, Aged About 60

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Years, R/o Plot No. 230, Nandanvan, Pal Link Road, Jodhpur, Rajasthan.

¶30

----Petitioner

¶31

Versus

¶32

The State Of Rajasthan, Through The Secretary, Local Self Government, Government Of Rajasthan, Jaipur.

¶33

Director Of Local Bodies, Local Self Government, Rajasthan, Jaipur.

¶34

Jodhpur Municipal Corporation (South), Through Its Commissioner, Jodhpur.

¶35

Deputy Commissioner And Member Secretary, Empowered Committee, Jodhpur Municipal Corporation (South), Jodhpur.

¶36

----Respondents

¶37

S.B. Civil Writ Petition No. 4363/2024

¶38

Sangeeta Saboo W/o Dinesh Saboo, Aged About 59 Years, R/o Plot No.230, Nandanvan, Pal Link Road, Jodhpur, Rajasthan.

¶39

----Petitioner

¶40

Versus

¶41

The State Of Rajasthan, Through The Secretary, Local Self Government, Government Of Rajasthan, Jaipur.

¶42

Director Of Local Bodies, Local Self Government, Rajasthan, Jaipur.

¶43

Jodhpur Municipal Corporation (South), Through Its Commissioner, Jodhpur.

¶44

Deputy Commissioner And Member Secretary, Empowered Committee, Jodhpur Municipal Corporation (South), Jodhpur.

¶45

----Respondents

¶46

S.B. Civil Writ Petition No. 4705/2024

¶47

Guddi W/o Munir Khan, Aged About 50 Years, 17-18, R/o Ligh Scheme, Nandanvan Chopasani Road, Jodhpur, Rajasthan.

¶48

----Petitioner

¶49

Versus

¶50

The State Of Rajasthan, Through The Secretary, Local Self Government, Government Of Rajasthan, Jaipur.

¶51

(3 of 17) [CW-4344/2024]

¶52

[2024:RJ-JD:20096]

¶53

Director Of Local Bodies, Local Self Government, Rajasthan, Jaipur.

¶54

Jodhpur Municipal Corporation (South), Through Its Commissioner, Jodhpur.

¶55

Deputy Commissioner And Member Secretary, Empowered Committee, Jodhpur Municipal Corporation (South), Jodhpur.

¶56

----Respondents

¶57

S.B. Civil Writ Petition No. 4711/2024

¶58

Pukhraj Gupta S/o Late Shri Mangilal Gupta, Aged About 71 Years, R/o 216 Baldev Nagar, Pal Link Road, Jodhpur, Rajasthan.

¶59

----Petitioner

¶60

Versus

¶61

The State Of Rajasthan, Through The Secretary, Local Self Government, Government Of Rajasthan, Jaipur.

¶62

Director Of Local Bodies, Local Self Government, Rajasthan, Jaipur.

¶63

Jodhpur Municipal Corporation (South), Through Its Commissioner, Jodhpur.

¶64

Deputy Commissioner And Member Secretary, Empowered Committee, Jodhpur Municipal Corporation (South), Jodhpur.

¶65

----Respondents

¶66

S.B. Civil Writ Petition No. 4738/2024

¶67

Babu Khan W/o Late Shri Allahdin Khan, Aged About 69 Years, R/o Sivanchi Gate Sindhiyon Ka Mohalla, Nadi Gali, Jodhpur, Rajasthan.

¶68

----Petitioner

¶69

Versus

¶70

The State Of Rajasthan, Through The Secretary, Local Self Government, Government Of Rajasthan, Jaipur.

¶71

Director Of Local Bodies, Local Self Government, Rajasthan, Jaipur.

¶72

Jodhpur Municipal Corporation (South), Through Its Commissioner, Jodhpur.

¶73

Deputy Commissioner And Member Secretary, Empowered Committee, Jodhpur Municipal Corporation

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(South), Jodhpur.

----Respondents

S.B. Civil Writ Petition No. 4781/2024

¶80

Vahida Bano W/o Shri Babu Khan, Aged About 65 Years, R/o Sivanchi Gate Sindhiyon Ka Mohalla, Nadi Gali, Jodhpur, Rajasthan.

¶81

----Petitioner

¶82

Versus

¶83

The State Of Rajasthan, Through The Secretary, Local Self Government, Government Of Rajasthan, Jaipur.

¶84

Director Of Local Bodies, Local Self Government, Rajasthan, Jaipur.

¶85

Jodhpur Municipal Corporation (South), Through Its Commissioner, Jodhpur.

¶86

Deputy Commissioner And Member Secretary, Empowered Committee, Jodhpur Municipal Corporation (South), Jodhpur.

¶87

----Respondents

¶88

S.B. Civil Writ Petition No. 4973/2024

¶89

Fooli Devi W/o Shri Dhanna Ram, Aged About 55 Years, R/o E- 459, Kamla Nehru Nagar, Hudco Quarter, Jodhpur.

¶90

----Petitioner

¶91

Versus

¶92

The State Of Rajasthan, Through The Secretary, Local Self Government, Government Of Rajasthan, Jaipur.

¶93

Director Of Local Bodies, Local Self Government, Rajasthan, Jaipur.

¶94

Jodhpur Municipal Corporation (South), Through Its Commissioner, Jodhpur.

¶95

Deputy Commissioner And Member Secretary, Empowered Committee, Jodhpur Municipal Corporation (South), Jodhpur.

¶96

----Respondents

¶97

S.B. Civil Writ Petition No. 4985/2024

¶98

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

The State Of Rajasthan, Through The Secretary, Local Self Government, Government Of Rajasthan, Jaipur.

¶105

Director Of Local Bodies, Local Self Government, Rajasthan, Jaipur.

¶106

Jodhpur Municipal Corporation (South), Through Its Commissioner, Jodhpur.

¶107

Deputy Commissioner And Member Secretary, Empowered Committee, Jodhpur Municipal Corporation (South), Jodhpur.

¶108

----Respondents

¶109

S.B. Civil Writ Petition No. 4986/2024

¶110

Guddi W/o Munir Khan, Aged About 50 Years, R/o 17-18, Ligh Scheme, Nandanvan Chopasni Road, Jodhpur, Rajasthan.

¶111

----Petitioner

¶112

Versus

¶113

The State Of Rajasthan, Through The Secretary, Local Self Government, Government Of Rajasthan, Jaipur.

¶114

Director Of Local Bodies, Local Self Government, Rajasthan, Jaipur.

¶115

Jodhpur Municipal Corporation (South), Through Its Commissioner, Jodhpur.

¶116

Deputy Commissioner And Member Secretary, Empowered Committee, Jodhpur Municipal Corporation (South), Jodhpur.

¶117

----Respondents

¶118

S.B. Civil Writ Petition No. 4988/2024

¶119

Fooli Devi W/o Shri Dhanna Ram, Aged About 55 Years, R/o E- 459, Kamla Nehru Nagar, Hudco Quarter, Jodhpur.

¶120

----Petitioner

¶121

Versus

¶122

The State Of Rajasthan, Through The Secretary, Local Self Government, Government Of Rajasthan, Jaipur.

¶123

Director Of Local Bodies, Local Self Government, Rajasthan, Jaipur.

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Jodhpur Municipal Corporation (South), Through Its Commissioner, Jodhpur.

¶128

Deputy Commissioner And Member Secretary, Empowered Committee, Jodhpur Municipal Corporation (South), Jodhpur.

¶129

----Respondents

¶130

S.B. Civil Writ Petition No. 4995/2024

¶131

Fooli Devi W/o Shri Dhanna Ram, Aged About 55 Years, R/o E- 459, Kamla Nehru Nagar, Hudco Quater, Jodhpur.

¶132

----Petitioner

¶133

Versus

¶134

The State Of Rajasthan, Through The Secretary, Local Self Government, Government Of Rajasthan, Jaipur.

¶135

Director Of Local Bodies, Local Self Government, Rajasthan, Jaipur.

¶136

Jodhpur Municipal Corporation (South), Through Its Commissioner, Jodhpur.

¶137

Deputy Commissioner And Member Secretary, Empowered Committee, Jodhpur Municipal Corporation (South), Jodhpur.

¶138

----Respondents

¶139

S.B. Civil Writ Petition No. 5008/2024

¶140

Fooli Devi W/o Dhanna Ram, Aged About 55 Years, R/o E-459, Kamla Nehru Nagar, Hudco Quarter, Jodhpur.

¶141

----Petitioner

¶142

Versus

¶143

The State Of Rajasthan, Through The Secretary, Local Self Government, Government Of Rajasthan, Jaipur.

¶144

Director Of Local Bodies, Local Self Government, Rajasthan, Jaipur.

¶145

Jodhpur Municipal Corporation (South), Through Its Commissioner, Jodhpur.

¶146

Deputy Commissioner And Member Secretary, Empowered Committee, Jodhpur Municipal Corporation (South), Jodhpur.

----Respondents

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S.B. Civil Writ Petition No. 5119/2024

¶152

Babu Khan S/o Allahdin Khan, Aged About 69 Years, R/o Sivanchi Gate Sindhiyon Ka Mohalla, Nadi Gali, Jodhpur, Rajasthan.

¶153

----Petitioner

¶154

Versus

¶155

The State Of Rajasthan, Through The Secretary, Local Self Government, Government Of Rajasthan, Jaipur.

¶156

Director Of Local Bodies, Local Self Government, Rajasthan, Jaipur.

¶157

Jodhpur Municipal Corporation (South), Through Its Commissioner, Jodhpur.

¶158

Deputy Commissioner And Member Secretary, Empowered Committee, Jodhpur Municipal Corporation (South), Jodhpur.

¶159

----Respondents

¶160

S.B. Civil Writ Petition No. 5215/2024

¶161

Babu Khan S/o Late Shri Allahdin Khan, Aged About 69 Years, R/o Sivanchi Gate Sindhiyon Ka Mohalla, Nadi Gali, Jodhpur, Rajasthan.

¶162

----Petitioner

¶163

Versus

¶164

The State Of Rajasthan, Through The Secretary, Local Self Government, Government Of Rajasthan, Jaipur.

¶165

Director Of Local Bodies, Local Self Government, Rajasthan, Jaipur.

¶166

Jodhpur Municipal Corporation (South), Through Its Commissioner, Jodhpur.

¶167

Deputy Commissioner And Member Secretary, Empowered Committee, Jodhpur Municipal Corporation (South), Jodhpur.

¶168

----Respondents

¶169

S.B. Civil Writ Petition No. 5221/2024

¶170

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

The State Of Rajasthan, Through The Secretary, Local Self Government, Government Of Rajasthan, Jaipur.

¶177

Director Of Local Bodies, Local Self Government, Rajasthan, Jaipur.

¶178

Jodhpur Municipal Corporation (South), Through Its Commissioner, Jodhpur.

¶179

Deputy Commissioner And Member Secretary, Empowered Committee, Jodhpur Municipal Corporation (South), Jodhpur.

¶180

----Respondents

¶181

S.B. Civil Writ Petition No. 5343/2024

¶182

Guddi W/o Munir Khan, Aged About 50 Years, R/o 17-18, Ligh Scheme, Nandanvan Chopasani Road, Jodhpur, Rajasthan.

¶183

----Petitioner

¶184

Versus

¶185

The State Of Rajasthan, Through The Secretary, Local Self Government, Government Of Rajasthan, Jaipur.

¶186

Director Of Local Bodies, Local Self Government, Rajasthan, Jaipur.

¶187

Jodhpur Municipal Corporation (South), Through Its Commissioner, Jodhpur.

¶188

Deputy Commissioner And Member Secretary, Empowered Committee, Jodhpur Municipal Corporation (South), Jodhpur.

¶189

----Respondents

¶190

S.B. Civil Writ Petition No. 5368/2024

¶191

Ratisha Saboo W/o Shri Sandeep Saboo, Aged About 35 Years, R/o Plot No. 230, Nandanvan, Pal Link Rod, Jodhpur, Rajasthan.

¶192

----Petitioner

¶193

Versus

¶194

The State Of Rajasthan, Through The Secretary, Local Self Government, Government Of Rajasthan, Jaipur.

¶195

Director Of Local Bodies, Local Self Government, Rajasthan, Jaipur.

¶196

Jodhpur Municipal Corporation (South), Through Its

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Commissioner, Jodhpur.

¶201

Deputy Commissioner And Member Secretary, Empowered Committee, Jodhpur Municipal Corporation (South), Jodhpur.

¶202

----Respondents

¶203

S.B. Civil Writ Petition No. 5374/2024

¶204

Fooli Devi W/o Dhanna Ram, Aged About 55 Years, R/o E-459, Kamla Nehru Nagar, Hudco Quarter, Jodhpur.

¶205

----Petitioner

¶206

Versus

¶207

The State Of Rajasthan, Through The Secretary, Local Self Government, Government Of Rajasthan, Jaipur.

¶208

Director Of Local Bodies, Local Self Government, Rajasthan, Jaipur.

¶209

Jodhpur Municipal Corporation (South), Through Its Commissioner, Jodhpur.

¶210

Deputy Commissioner And Member Secretary, Empowered Committee, Jodhpur Municipal Corporation (South), Jodhpur.

¶211

----Respondents

¶212

S.B. Civil Writ Petition No. 5377/2024

¶213

Fooli Devi W/o Dhanna Ram, Aged About 55 Years, R/o E-459, Kamla Nehru Nagar, Hudco Quarter, Jodhpur.

¶214

----Petitioner

¶215

Versus

¶216

The State Of Rajasthan, Through The Secretary, Local Self Government, Government Of Rajasthan, Jaipur.

¶217

Director Of Local Bodies, Local Self Government, Rajasthan, Jaipur.

¶218

Jodhpur Municipal Corporation (South), Through Its Commissioner, Jodhpur.

¶219

Deputy Commissioner And Member Secretary, Empowered Committee, Jodhpur Municipal Corporation (South), Jodhpur.

¶220

----Respondents

¶221

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.

¶226

----Petitioner

¶227

Versus

¶228

The State Of Rajasthan, Through The Secretary, Local Self Government, Government Of Rajasthan, Jaipur.

¶229

Director Of Local Bodies, Local Self Government, Rajasthan, Jaipur.

¶230

Jodhpur Municipal Corporation (South), Through Its Commissioner, Jodhpur.

¶231

Deputy Commissioner And Member Secretary, Empowered Committee, Jodhpur Municipal Corporation (South) Jodhpur.

¶232

----Respondents

¶233

S.B. Civil Writ Petition No. 6505/2024

¶234

Baitulmal Committee, Hospital Building, Ghasmandi Road, Chandwal Ki Haveli, Jodhpur (Raj.). Through Its Secretary Shri Abdul Rahim S/o Shri Abdul Hakim.

¶235

----Petitioner

¶236

Versus

¶237

The State Of Rajasthan, Through The Secretary, Local Self Government, Government Of Rajasthan, Jaipur.

¶238

Director Of Local Bodies, Local Self Government, Rajasthan, Jaipur.

¶239

Jodhpur Municipal Corporation (South), Through Its Commissioner, Jodhpur.

¶240

Deputy Commissioner And Member Secretary, Empowered Committee, Jodhpur Municipal Corporation (South), Jodhpur.

¶241

----Respondents

¶242

S.B. Civil Writ Petition No. 6527/2024

¶243

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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The State Of Rajasthan, Through The Secretary, Local Self Government, Government Of Rajasthan, Jaipur.

¶250

Director Of Local Bodies, Local Self Government, Rajasthan, Jaipur.

¶251

Jodhpur Municipal Corporation (South), Through Its Commissioner, Jodhpur.

¶252

Deputy Commissioner And Member Secretary, Empowered Committee, Jodhpur Municipal Corporation (South), Jodhpur.

¶253

----Respondents

¶254

For Petitioner(s) : Anirudh Purohit. For Respondent(s) : Mr. Suniel Purohit.

¶255

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

¶256

Order

¶257

07/05/2024

¶258

S.B. Civil Writ Petition No. 4344/2024

¶259

Heard learned counsel for the parties.

¶260

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.

¶261

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.

¶266

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.

¶271

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.

¶276

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.

¶277

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.

¶278

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.

¶283

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.

¶284

I have considered the submissions made at the bar and also gone through relevant record of the case.

¶285

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.

¶290

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.

¶291

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

¶296

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).

¶297

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:-

¶298

“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.

¶299

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”.

¶300

Let a copy of this order be placed in each connected file.

¶301

(VINIT KUMAR MATHUR),J

¶302

64-87 AnilSingh/-

Ratisha Saboo v. the State of Rajasthan

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Ratisha Saboo v. the State of Rajasthan

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