Malviya Nagar, Jaipur v. State Of Rajasthan, Through Principal Secretary

Judgment

1. State Of Rajasthan, Through Principal Secretary, Department Of Local Self Government, Govt. Of Rajasthan, Govt. Secretariat, Jaipur.

2. Director, Directorate Local Bodies Department, Shivaji Nagar, Jaipur, Rajasthan.

3. Jaipur Municipal Corporation Greater, Tonk Road, Jaipur Through Its Commissioner.

4. Deputy Commissioner, Jaipur Municipal Corporation Greater, Malviya Nagar Zone, Jaipur. ----Respondents Connected With S.B. Civil Writ Petition No. 8895/2022

Ganesh Narayan Pareek S/o Late Shri Chagan Lal Pareek, Aged About 75 Years, R/o Uu-39, Jhalana, Near Babji Ki Chattri, Calgiri Road, Malviya Nagar, Jaipur. ----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Local Self Government, Govt. Of Rajasthan, Govt. Secretariat, Jaipur.

2. Director, Directorate Local Bodies Department, Shivaji Nagar, Jaipur, Rajasthan.

3. Jaipur Municipal Corporation Greater, Tonk Road, Jaipur Through Its Commissioner.

4. Deputy Commissioner, Jaipur Municipal Corporation Greater, Malviya Nagar Zone, Jaipur. S.B. Civil Writ Petition No. 8899/2022 Banwari Lal Sharma S/o Late Shri Nathu Ram Ji, Aged About ----Respondents (2 of 7) [CW-8901/2022] 73 Years, R/o A-18, Jhalana, Near Babaji Ki Chattri, Calgiri Road, Malviya Nagar, Jaipur. ----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Local Self Government, Govt. Of Rajasthan, Govt. Secretariat, Jaipur.

2. Director, Directorate Local Bodies Department, Shivaji Nagar, Jaipur, Rajasthan.

3. Jaipur Municipal Corporation Greater, Tonk Road, Jaipur Through Its Commissioner.

4. Deputy Commissioner, Jaipur Municipal Corporation Greater, Malviya Nagar Zone, Jaipur. ----Respondents S.B. Civil Writ Petition No. 9716/2022 Shiv Ram Choudhary S/o Late Shri Narayan Ram, Aged About 66 Years, R/o Hh 148, Jhalana, Near Babaji Ki Chattri, Calgiri Road, Malviya Nagar Jaipur ----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary Department Of Local Self Government Govt. Of Rajasthan, Govt. Secretariat, Jaipur

2. Director, Directorate Local Bodies Department, Shivaji Nagar, Jaipur Rajasthan

3. Jaipur Municipal Corporation, Greater, Tonk Road, Jaipur Through Its Commissioner

4. Deputy Commissioner, Jaipur Municipal Corporation Greater, Malviya Nagar Zone, Jaipur ----Respondents S.B. Civil Writ Petition No. 9727/2022 Vijay Singh S/o Late Shri Ram Sahai Ji, Aged About 72 Years, R/o A-16, Jhalana, Near Babaji Ki Chattri, Calgiri Road, Malviya Nagar Jaipur. ----Petitioner Versus (3 of 7) [CW-8901/2022]

1. State Of Rajasthan, Through Principal Secretary Department Of Local Self Government Govt. Of Rajasthan, Govt. Secretariat, Jaipur.

2. Director Directorate Local Bodies Department, Shivaji Nagar, Jaipur Rajasthan.

3. Jaipur Municipal Corporation Greater, Tonk Road, Jaipur Through Its Commissioner.

4. Deputy Commissioner, Jaipur Municipal Corporation Greater, Malviya Nagar Zone, Jaipur ----Respondents S.B. Civil Writ Petition No. 8882/2022 Ugam Singh Bhati S/o Late Shri Shivdan Singh, Aged About 68 Years, R/o Hh-147A, Jhalana, Near Babaji Ki Chattri, Calgiri Road, Malviya Nagar, Jaipur. ----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Local Self Government, Govt. Of Rajasthan, Govt. Secretariat, Jaipur.

2. Director, Directorate Local Bodies Department, Shivaji Nagar, Jaipur, Rajasthan.

3. Jaipur Municipal Corporation Greater, Tonk Road, Jaipur Through Its Commissioner.

4. Deputy Commissioner, Jaipur Municipal Corporation Greater, Malviya Nagar Zone, Jaipur. ----Respondents S.B. Civil Writ Petition No. 8883/2022 Jagdish Prasad S/o Shri Laxman Prasad, Aged About 61 Years, R/o E-11, Jhalana, Near Babaji Ki Chattri, Calgiri Road, Malviya Nagar, Jaipur. ----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Local Self Government, Govt. Of Rajasthan, Govt. Secretariat, Jaipur.

2. Director, Directorate Local Bodies Department, Shivaji Nagar, Jaipur, Rajasthan. (4 of 7) [CW-8901/2022]

3. Jaipur Municipal Corporation Greater, Tonk Road, Jaipur Through Its Commissioner.

4. Deputy Commissioner, Jaipur Municipal Corporation Greater, Malviya Nagar Zone, Jaipur. ----Respondents S.B. Civil Writ Petition No. 8887/2022 Kamal Singh S/o Shri Nathu Singh, Aged About 51 Years, R/o A-12, Jhalana, Near Babaji Ki Chattri, Calgiri Road, Malviya Nagar, Jaipur. ----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Local Self Government, Govt. Of Rajasthan, Govt. Secretariat, Jaipur.

2. Director, Directorate Local Bodies Department, Shivaji Nagar, Jaipur, Rajasthan.

3. Jaipur Municipal Corporation Greater, Tonk Road, Jaipur Through Its Commissioner.

4. Deputy Commissioner, Jaipur Municipal Corporation Greater, Malviya Nagar Zone, Jaipur. ----Respondents S.B. Civil Writ Petition No. 8900/2022 Anita W/o Raghunath Singh, Aged About 41 Years, R/o Hh- 149, Jhalana, Near Babaji Ki Chattri, Calgiri Road, Malviya Nagar, Jaipur. ----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Local Self Government, Govt. Of Rajasthan, Govt. Secretariat, Jaipur.

2. Director, Directorate Local Bodies Department, Shivaji Nagar, Jaipur, Rajasthan.

3. Jaipur Municipal Corporation Greater, Tonk Road, Jaipur Through Its Commissioner.

4. Deputy Commissioner, Jaipur Municipal Corporation Greater, Malviya Nagar Zone, Jaipur. ----Respondents (5 of 7) [CW-8901/2022] For Petitioner(s) : Mr. Rajesh Kumar Sharma with Mr. Gaurav Sharma Ms. Kamini Pareek For Respondent(s) : Mr. Nikhil Simlote with Mr. Salim Khan Gori and Mr. Manish Bhadiwal Mr. G.S. Gill, AAG with Mr. S.P. Singh Rajawat, Asstt. GC & Mr. Manoj Kumar Mr. Asgar Khan Mr. Sandeep Sharma JUSTICE ANOOP KUMAR DHAND Order 20/05/2025

1. Since common question of law and facts are involved in these petitions, hence, with the consent of counsel for the parties, arguments have been heard together and all these petitions are being decided by this common order.

2. For the sake of convenience, the facts and prayer incorporated in S.B. Civil Writ Petition No.8901/2022 is taken into consideration.

3. The instant writ petition has been filed with the following prayer: “a) By an appropriate writ, order and direction in the nature thereof, the respondents may kindly be directed to reopen the patta file of the petitioner and issue patta of the plot in question in favour of the petitioner. b) Any other relief, order or direction this Hon’ble High Court may deem fit and proper be also passed in favour of the petitioner.”

4. By way of filing this writ petition, a prayer has been made to issue direction to the respondents for deciding the (6 of 7) [CW-8901/2022] application submitted by the petitioners seeking ‘patta’ of the land in question.

5. Learned counsel for the respondent-State opposed the arguments raised by the counsel for the petitioner and submitted that the representation submitted by the petitioners for the aforesaid purpose is still under consideration. Counsel submits that the respondents are conducting an enquiry about the title of the land in question, so appropriate orders would be passed after completion of the said enquiry. Counsel submits that certain applicants have submitted application for their impleadment as party in the array of cause title on the ground that the land in question is kept reserved for cremation ground and the same cannot allotted to anyone, hence, under these circumstances, the said applicants be impleaded as party in the array of cause title. It has also been apprised to this Court that the land in question i.e. Khasra No.86 is recorded as gair mumkin shamshan and the same falls within the jurisdiction of Jaipur Development Authority and not within the domain of Jaipur Municipal Corporation, hence, under these circumstances, Jaipur Municipal Corporation is not competent authority to take a decision.

6. Be as it may, looking to the fact that the applications are pending before the respondents, it is expected from the respondents-State to decide the said application(s), strictly in accordance with law, after providing due opportunity of (7 of 7) [CW-8901/2022] hearing the petitioners as well applications/objectors.

7. Needless to observe that the respondents would decide the pending application(s) as early as possible, preferably within a period of four months from the date of receipt of certified copy of the order.

8. With the aforesaid observations/directions, all the instant writ petitions stand disposed of. The stay applications and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/1-9