Rajasthan High Court - Jodhpur
Lalit Kumar Somani vs State Of Rajasthan on 5 January, 2022
Bench: Akil Kureshi, Rameshwar Vyas
(1 of 2) [CW-12700/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 12700/2021
1. Lalit Kumar Somani S/o Sh. Nagarmal Somani, Aged
About 52 Years, Resident Of Somani Bhawan, New
Colony, Kuchaman City, Nagaur, Rajasthan.
2. Mahesh Kumar Kabra S/o Sh. Kishan Kabra, Aged About
63 Years, Resident Of Near Gole Pyau, Near Icici Bank,
Kuchaman City, Nagaur, Rajasthan.
3. Murlidhar Toshniwal S/o Sh. Ramniwas Toshniwal, Aged
About 50 Years, Resident Of Near Khadi Bhandar,
Vishvakarma Marg, New Colony, Kuchaman City, Nawa,
Nagaur, Rajasthan.
4. Sandeep Soni S/o Sh. Satyanarayan Soni, Aged About 45
Years, Resident Of Shahji Ka Bagicha, Near Noble School,
Kuchaman City, Nawa, Nagaur, Rajasthan.
5. Mukesh Kumar Bansal S/o Sh. Girdhar Lal Bansal, Aged
About 50 Years, Resident Of Balaji Marg, New Colony,
Kuchaman City, Nagaur, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Department Of Local Self
Government Through Principal Secretary, Secretariat,
Bhagwandas Road, Jaipur.
2. The Director, Local Bodies, Swayat Shashan Bhawan, Near
Railway Fatak, Shivaji Nagar, Civil Lines, Jaipur, Rajasthan
302001.
3. District Collector, Collectorate Campus, Nagaur.
4. Senior Town Planner, Local Self Government, Directorate,
Local Bodies, Jaipur, Rajasthan.
5. Municipal Council, Kuchaman City, Through Its Chairman,
Kuchaman City, Nagaur, Rajasthan.
6. Shrawan Ram Choudhary, Executive Officer, Municipal
Council, Kuchaman City, Nagaur, Rajasthan.
7. Gopal Kishan Sarda S/o Sh. Shankar Lal Sarda, C/o Sarda
Complex-2, Kuchaman City, District Nagaur, Rajasthan.
8. Gopal Kishan Sarda Huf, Through Karna Sh. Gola Kishan
Sarda, Sarda Complex-2, Kuchaman City, District Nagaur,
Rajasthan.
----Respondents
(Downloaded on 06/01/2022 at 08:36:30 PM)
(2 of 2) [CW-12700/2021]
For Petitioner(s) : Mr. Muktesh Maheshwari through VC
For Respondent(s) : Mr. Sandeep Shah, AAG through VC
Mr. C.S. Kotwani through VC
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order 05/01/2022 The private respondent Nos. 7 and 8 have filed an application for vacating interim relief under Article 226(3) of the Constitution of India. We, however, notice that a previous decision of the Municipality for declaring certain areas as zero setback area was stayed by this Court by an order dated 29.05.2017 passed in S.B. Civil Writ Petition No. 6441/2017. We are informed that the interim relief continues to operate. Under the circumstance, counsel for the petitioners submitted that the Municipal and the State authorities could not have declared a fresh decision specifying the area in question as zero setback area.
In our opinion, in view of the facts noted above, it is not appropriate to vacate the interim relief previously granted.
Let the present petition be listed for hearing along with S.B. Civil Writ Petition No. 6441/2017 on 09.02.2022.
The application stands dismissed.
(RAMESHWAR VYAS),J (AKIL KURESHI),CJ
13-Mak/-
(Downloaded on 06/01/2022 at 08:36:30 PM)
Powered by TCPDF (www.tcpdf.org)