Disposed

Dinesh Jain v. State of Rajasthan

Rajasthan HC15 May 2024CW/601/2024

Case brief

AI extract

What is this about?

This order in a writ petition quashess an order denying construction permission to a society. The High Court directs the Municipal Corporation to consider the petitioner's application on a fixed date after receipt of documents and decides within one month.

What did the court decide?

Quashed the order dated 09.12.2019; directed petitioner to appear with documents on 10.07.2024; directed Municipal Corporation to decide within one month.

Dinesh Jain Vs State of Rajasthan — Property and Title | Rajasthan HC (2024)

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[2024:RJ-JD:21892]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 601/2024

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Dinesh Jain S/o Shri Sh. Laxmi Lal Ji, Aged About 60 Years, R/o 47, Shastri Marg, Ashok Nagar, Udaipur, President, Vanwasi Seva Sangh, Khempura, Sunderwas, Udaipur (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary, Department Of Revenue, Government Of Rajasthan, Jaipur (Raj.).

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The Secretary, Department Of Local Self Government, Government Of Rajasthan, Jaipur (Raj.).

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District Collector, Udaipur (Raj.). 4. Udaipur Development Authority, Udaipur, Through The Development Commissioner, Udaipur Development Authority, Udaipur (Raj.).

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Municipal Corporation, Udaipur, Through The Commissioner, Municipal Corporation, Udaipur (Raj.).

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----Respondents

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For Petitioner(s)	: Mr. Yuvraj Singh Meratiya for
	Mr. Muktesh Maheshwari
For Respondent(s)	: Mr. Vijay Purohit
	Mr. AnuragShukla

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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15/05/2024

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Heard learned counsel for the parties.

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The present writ petition has been filed seeking a direction that the petitioner may be granted permission for raising a new construction on the land situated in Khasra No.497 at Village Sundarwas, District Udaipur.

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Briefly noted the facts in the present case are that the petitioner is a Society under the title of Vanwasi Sewa Sangh

[2024:RJ-JD:21892]

[CW-601/2024]

(2 of 3)

registered under the Societies Registration Act. The petitionerSociety was allotted a piece of land in Khasra No.497 at Village Sundarwas, District Udaipur. The petitioner-Society applied for construction permission from the respondents for construction of a school on the subject piece of land. However, the same was denied by the respondent-Municipal Corporation, Udaipur due to absence of the relevant documents not being made available to the Municipal Corporation, Udaipur. Hence, the present writ petition has been filed.

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Learned counsel for the petitioner submits that the petitioner has approached the respondent-Municipal Corporation for grant of permission for undertaking the construction activities of a school building, however, the same has been denied on account of the fact that the requisite documents have not been filed before the respondent No.5-Municipal Corporation. Learned counsel for the petitioner further submits that the petitioner is holding all the requisite documents showing that the petitioner is entitled to raise construction on the land in question. He, therefore, prays that the petitioner may be granted permission to approach the respondent No.5-Municipal Corporation on the date and time to be fixed by this Court to submit all the requisite documents for obtaining the construction permission in the present case.

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Learned counsel for the respondent-Municipal Corporation Shri Anurag Shukla submits that if all the requisite documents are placed before the respondent No.5-Municipal Corporation, Udaipur the grant of construction permission will be considered and appropriate orders will be passed in accordance with law.

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[2024:RJ-JD:21892]

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[CW-601/2024]

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Considering the submissions made before this Court, the writ petition is disposed of and the order dated 09.12.2019 passed by the Commissioner, Municipal Corporation is quashed and set aside with a direction to the petitioner to appear before respondent No.5-Municipal Corporation, Udaipur on 10.07.2024 with all requisite documents for grant of construction permission on the subject piece of land. The Commissioner, Municipal Corporation, Udaipur shall consider the requisite documents and after giving a reasonable opportunity of hearing to the petitioner-Society, decide the case of the petitioner for grant of construction permission within a period of one month thereafter.

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(VINIT KUMAR MATHUR),J

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64-Arun P/-

Dinesh Jain v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dinesh Jain v. State of Rajasthan

Case brief

What is this about?

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