Rajasthan High Court

CW/16844/2026 of SMT. PARVATI PAREEK W/O LATE SHRI DURGABUX Vs STATE OF RAJASTHAN on 31 August 2026

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JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.16844/2026 CNR: RJHC020739622026 | URN: CW / 35218U / 2026 1. Smt. Parvati Pareek W/o Late Shri Durgabux, R/o Ward No.10, Main Market Shahpura, Tehsil Shahpura, District Jaipur, Rajasthan. 2. Ashok Kumar S/o Late Shri Durgabux,

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No.16844/2026

CNR: RJHC020739622026 | URN: CW / 35218U / 2026

1.

Smt. Parvati Pareek W/o Late Shri Durgabux, R/o Ward No.10, Main Market Shahpura, Tehsil Shahpura, District Jaipur, Rajasthan.

2.

Ashok Kumar S/o Late Shri Durgabux, R/o Ward No.10, Main Market Shahpura, Tehsil Shahpura, District Jaipur, Rajasthan.

3.

Santosh Kumar S/o Late Shri Durgabux, R/o Ward No.10, Main Market Shahpura, Tehsil Shahpura, District Jaipur, Rajasthan Through Power Of Attorney Rajeev Pareek S/o Late Shri Durgabux R/o Ward No.10, Main Market Shahpura, Tehsil Shahpura, District Jaipur, Rajasthan.

----Petitioners

Versus

1.

State Of Rajasthan, Through Director, Local Bodies, G-3, Rajmahal Residential Area, C-Scheme, Near Civil Line Phatak, Jaipur-302016, Rajasthan.

2.

The Executive Officer, Municipal Board (Nagar Palika), Shahpura, Distrcit Jaipur, Rajasthan.

3.

Shri Mukesh Kumar Vaidya, Son Of Shri Ram Gopal Khandelwal, Resident Of Shahpura, Tehsil-Shahpura, District-Jaipur, Rajasthan.

4.

Shri Yogesh Gupta, Son Of Shri Om Prakash Gupta, Resident Of Manoharpur, Tehsil-Shahpura, Distrcit-Jaipur,

5.

Shri Ghanshyam Khandelwal, Son Of Shri Raag Gopal Khandelwal, Resident Of Shahpura, Tehsil-Shahpura, Distrcit-Jaipur, State-Rajasthan.

6.

Shri Dinesh Khatana, Son Of Shri Bhanwar Lal Khatana, Resident Of Shahpura, Tehsil-Shahpura, Distrcit-Jaipur,

State-Rajasthan.

7.

Shri Ramesh Kumar Gurjar, Son Of Shri Lakharam Gurjar, Resident Of Manoharpur, Shahpura, Tehsil-Shahpura, Distrcit-Jaipur, State-Rajasthan.

8.

Shri Jugal Kishore Sharma, Son Of Shri Chhitar Gal Sharma, Resident Of Shahpura, Tehsil-Shahpura, Distrcit-

(2 of 3)

[CW-16844/2026]

Jaipur, State-Rajasthan.

9.

Shri Sushil Kumar Sharma, Son Of Shri Jai Prakash Sharma, Resident Of Shahpura, Tehsil-Shahpura, Distrcit- Jaipur, State-Rajasthan.

10.

Shri Chandrabhanu Dhawas, Son Of Shri Sadhu Ram, Resident Of Shahpura, Tehsil-Shahpura, Distrcit-Jaipur,

State-Rajasthan.

----Respondents

For Petitioner(s)

:

Mr. Raghu Nandan Sharma

Ms. Manavita Sharma

Mr. Abhinav Srivastav

Ms. Kritika Rajawat

JUSTICE ANOOP KUMAR DHAND

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Order

31/08/2026

1. Learned counsel for the petitioners submits that the private respondents are raising an unauthorised construction beyond the sanctioned building plan. Learned counsel submits that the petitioners made a complaint in this regard to the Municipal Council, Shahpura, Jaipur upon which notices under Section 194 read with Section 245 of the Rajasthan Municipality Act, 2009 (for short “the Act of 2009”) were issued to them on multiple occasions and even the latest notice was issued on 25.06.2026, but inspite of above, no action has been taken by the concerned authorities and resultantly, the private respondents are raising the construction unauthorisedly, hence, interference of this Court is warranted.

2. Heard and considered the submissions made at the Bar and perused the material available on record.

(3 of 3) [CW-16844/2026]

3. Perusal of the record indicates that upon a complaint/representation submitted by the petitioners, a notice under Section 194 read with Section 245 of the Act of 2009 was issued to the private respondents on 25.06.2026 by the Municipal Council, Shahpur District Jaipur.

4. In the considered opinion of this Court, once a notice has been issued by the Municipal Council in pursuance of a complaint/representation, the same must reach to its conclusion, one way or the other, in accordance with law.

5. Considering the overall facts and circumstances of the case, this Court deems it just and appropriate to dispose of the instant writ petition, granting liberty to the petitioners to file one more representation in the office of Municipal Council, Shahpura District Jaipur.

6. In case, any such representation is submitted by the petitioners within a period of one week from the date of receipt of the certified copy of this order, it is expected from the authorities concerned to proceed with the matter in accordance with law, after providing due opportunity of hearing to all the concerned.

7. Needless to observe that the entire exercise would be undertaken by the respondent-authorities concerned within a period of four weeks from the date of receipt of representation.

8. Stay application as well as all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J 59/Karan

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