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2017 Supreme(Raj) 1743
IN THE HIGH COURT OF RAJASTHAN
VIJAY BISHNOI, J.
SOHAN LAL — Appellant
Vs.
MUNICIPAL BOARD — Respondent
S.B. Civil Writ Petition No. 2762 of 2016
Decided on : 11-09-2017
Advocate Appeared:
For the Appellant :Mr. Rajesh Joshi, Sr. Advocate assisted by Mr. Vineet R. Dave, Advocate
For the Respondent: Dr. Pratishtha Dave, adv
Headnote:
Matter comes up for consideration of an application preferred on behalf of petitioners with a prayer for early listing of case – With consent of learned counsel of parties, this matter is heard finally and in view of that application is disposed – This writ petition has been filed by petitioners being aggrieved with order dated passed by Commissioner, Municipal Board, whereby it has issued a direction for sealing under construction building of petitioners situated in limits of Municipal Board, Jalore – Held, This Court is of opinion that if petitioners are ready to raise construction of building in question, as per approved plan and permission granted by Municipal Board, Jalore, they shall move a representation of this effect to Municipal Board, Jalore within a period of one week from today – Municipal Board, Jalore shall consider said request of petitioners objectively and decide representation of petitioners within a period of one week thereafter – Writ Petition is Dismissed
Vijay Bishnoi, J.
The matter comes up for consideration of an application (APPLW No.4504/2017) preferred on behalf of the petitioners with a prayer for early listing of the case.
2. With the consent of learned counsel of the parties, this matter is heard finally and in view of that the application (APPLW No.4504/2017) is disposed of.
3. This writ petition has been filed by the petitioners being aggrieved with the order dated 12.02.2016 passed by the Commissioner, Municipal Board, Jalore, whereby it has issued a direction for sealing under construction building of the petitioners situated in the limits of the Municipal Board, Jalore.
4. The Municipal Board, Jalore has ordered for sealing the under construction building of the petitioners under the premise that the petitioners are raising construction in violation of the approved plan and the permission, granted by it.
5. Now on behalf of the petitioners, an application (APPLW No.3846/2017) is preferred, in which it is stated that the petitioners are ready to raise construction of the building in question as per the approved plan and the permission granted by the Municipal Board, Jalore, therefore, the Municipal Board, Jalore be directed to deseal the building in question.
6. Having heard the learned counsel for the parties and perused the material available on record.
7. This Court is of the opinion that if the petitioners are ready to raise construction of the building in question, as per the approved plan and the permission granted by the Municipal Board, Jalore, they shall move a representation of this effect to the Municipal Board, Jalore within a period of one week from today. The Municipal Board, Jalore shall consider the said request of the petitioners objectively and decide the representation of the petitioners within a period of one week thereafter.
8. It is expected that if the petitioners are ready to raise construction as per the approved plan and the permission granted by the Municipal Board, Jalore, there will be no difficulty for the Municipal Board, Jalore in desealing the building of the petitioners and in allowing them to raise construction of the building in question as per the approved plan.
9. With these observations the, this writ petition is disposed of.
10. Consequently, the application (APPLW No.3846/2017) is also disposed of.
11. Stay petition also stands disposed of.
