Rajasthan High Court - Jodhpur
Mala Shah vs Municipal Board Mount Abu on 14 February, 2019
Author: Inderjeet Singh
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Writ Misc Application No. 44/2019
In
S.B. Civil Writ No. 137/2019
Mala Shah D/o Arun Shah, Aged About 41 Years, Aditya
Bungalow, Sunrise Valley Road, Mount Abu, Tehsil - Mount Abu,
District - Sirohi.
----Petitioner
Versus
1. Municipal Board Mount Abu, Through Chairperson,
District- Sirohi.
2. Commissioner, Municipal Board, Mount Abu, District-
Sirohi.
----Respondents
For Petitioner(s) : Mr. Shreyansh Mardia
For Respondent(s) : Mr. Rakesh Sinha on behalf of Dr.
Pratistha Dave
HON'BLE MR. JUSTICE INDERJEET SINGH
Order 14/02/2019 Heard on application for modification of the order dated 04.02.2019.
This Court on 04.02.2019 passed the interim order which reads as under:-
"Heard on stay application.
Counsel for the petitioner submitted that the respondents have issued the notice dated 12.04.2018 as well as 25.4.2018 to the petitioner for submitting the documents relating to her building. Counsel further submits that in pursuance to the notice, the petitioner has submitted the relevant documents related to the building. However, the respondents sealed the residential premises of the petitioner on 28.9.2018. Counsel further submits that approval of the same has been taken by the Municipal Board on 26.10.2018 after sealing the building. Counsel submits that the building premises of the petitioner has been sealed by the respondents (2 of 2) [WMAP-44/2019] without mentioning any provision of law either in the first notice or in the second notice and ultimately, sealed the premises in the absence of the petitioner.
Counsel for the respondents submitted that the building of the petitioner has been sealed in accordance with law. Counsel further submits that the application submitted by the petitioner under Section 456 Cr.P.C. for giving the building on Supurdgi to the petitioner was dismissed by the Additional Chief Judicial Magistrate, Abu Road vide order dated 30.11.2018.
The matter requires consideration. Considering the fact that notice dated 12.4.2018 as well as 25.4.2018 have been issued to the petitioner without mentioning any provision of law for sealing the building in question.
In that view of the matter, list this writ petition for final disposal on 5.3.2019. Meanwhile, the respondents are directed to unseal the building of the petitioner."
Counsel for the petitioner submitted that despite specific orders passed by this Court for unsealing the building of the petitioner, the respondents have not unsealed the building of the petitioner.
Considering the submissions made by counsel for the parties, I deem it just and proper to modify the order dated 04.02.2019 as under:-
"The respondents are directed to unseal the building namely Aditya Bungalow (paying guest accommodation), Sunrise Valley Road, Mount Abu, Tehsil-Mount Abu, District-Sirohi forthwith."
Application for modification stands disposed of.
(INDERJEET SINGH),J 151-Arvind/-
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