Rajasthan High Court - Jodhpur
Rajesh Gund vs State Of Rajasthan & Ors on 6 March, 2018
Author: Sandeep Mehta
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3110 / 2018
Rajesh Gund Son of Late Shri Shyam Lal, Aged About 45 Years, By
Caste Mehtar, Resident of House No. 647, Juni Bagar, Near Dr.
Amebdkar Park, Jodhpur (Raj.).
----Petitioner
Versus
1. The State of Rajasthan Through Secretary, Home Department,
Government of Rajasthan, Secretariat, Jaipur (Raj.).
2. Director, Department of Local Bodies, Secretariat, Jaipur (Raj.).
3. Municipal Council, Jodhpur (Raj.) Through Its Commissioner.
4. Commissioner, Municipal Council, Jodhpur (Raj.).
5. Deputy Commissioner, Zone Sardarpura, Municipal Council,
Jodhpur (Raj.).
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. Himmat Jagga.
_____________________________________________________
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order 06/03/2018 Through this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 19.02.2018 passed by the Dy. Commissioner, Sardarpura, Municipal Corporation, Jodhpur whereby, the petitioner was directed to remove an encroachment made by him on the Fort Road, Jodhpur.
Ex-facie, on examining the matter in reference to the Rajasthan Municipalities Act, it is manifest that the order dated 19.02.2018 is purely revisable in nature and revision lies to the competent authority prescribed by the State Government under (2 of 2) [CW-3110/2018] Section 327 of the Act.
In view of the above and as the petitioner has failed to avail the statutory remedy provided against the impugned order, the instant writ petition is not maintainable and is dismissed as such.
In case, the petitioner challenges the impugned order by filing a revision under Section 327 of the Rajasthan Municipalities Act, it shall be objectively considered and decided by the competent authority as per law.
(SANDEEP MEHTA)J. Tikam/155