A Single Bench of Rajasthan High Court comprising Justice Inderjeet Singh while dealing with a Writ Petition filed by 25 petitioners according to the notices issued to them for removal of road encroachment by Nagar Palika, Kotputli, ordered the Nagar Palika to decide the objections in a reasoned and speaking order within a period 30 days.
Background of the Petition
The present writ petition was filed by the 25 individuals, all residents of Kotputli District in Jaipur, being aggrieved by the notices issued to them by the respondent-Nagar Palika, Kotputli in Dec 2021 for removal of encroachments from the road. The Nagar Palika had demanded the documents from the petitioners of their lawful title over the disputed land. It was asserted in the Plea that even though the petitioners have submitted their objections, the Nagar Palika, without considering their objections, is going to demolish their construction.
Submissions
Additional Advocate General Anil Mehta on the behalf of the respondent submitted that they will look into the submitted reply/ objections of the individual persons, including the petitioners issued to them according to the notice. He added that only after due consideration, the final decision shall be taken in the matter.
Order of the Court
Court after taking into consideration the grievance of the Petitioners directed the parties to maintain the status quo concerning the property in dispute, till the final decision is taken in the matter by the Nagar Palika.
Justice Inderjeet Singh directed the authority to pass reasoned and speaking order within 30 days and said that,
"I deem it just and proper to direct the respondent-Nagar Palika to decide the objections submitted by the petitioners under the notice issued to them, by reasoned and speaking order within 30 days."
Furthermore, it was added that in the event of any adverse decision being taken by the respondent-Nagar Palika, the petitioners will be at liberty to challenge the same before the appropriate forum.
The court further directed Nagar Palika to act upon its decision after 15 days of its issuance.
Case Details
Case Title: Chunnilal and Anr. v. State of Rajasthan and Ors., with connected matters
Bench: Justice Inderjeet Singh
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