High CourtsSingle Bench(2020) 02 RAJ CK 0107

Mahaveer Jain vs State Of Rajasthan, Through The Director, Local Self Department, Rajasthan, Jaipur And Ors

Rajasthan High Court · Decided on 4 February 2020

HON’BLE JUDGES
Arun Bhansali, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 1064 Of 2020

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Judgment

6 paragraphs · 271 words

This writ petition has been filed by the petitioner aggrieved against the notices dated 30.01.2019, 29.03.2019, 21.05.2019 & 06.01.2020 (Annex.-4, 6, 8 & 10), respectively, whereby the respondent-Municipal Board has issued repeated notices to the petitioner to stop construction and/or having constructed commercial premises based on the permission, which was given for construction of residential premises, the property would be seized.

The petitioner responded to the said notices by claiming that he was using the premises for residential purpose only and as and when he will use it for commercial purpose, he would get the same converted.

The petitioner was directed to produce the photographs of the premises in question. The pictures clearly depict that the petitioner has constructed the shop and apparently, it cannot be said that the petitioner has constructed residential premises pursuant to the permission granted by the Municipal Board.

Learned counsel for the petitioner made submissions that the petitioner is prepared to make payment for seeking conversion of land for commercial purposes and therefore, the respondent Municipal Board be directed to deal with the pending application of the petitioner expeditiously.

In view of the submissions made, no case for interference based on the writ petition filed by the petitioner is made out. However, in case, the petitioner applies before the respondent for converting and/or permission to use the premises as commercial premises, the application filed by the petitioner be dealt with expeditiously preferably within a period of two weeks from the date such application for conversion alongwith a copy of this order is placed by the petitioner before the respondents.

The writ petition stands disposed of accordingly.