Back
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
KULDEEP MATHUR, J.
Fateh Mohammad S/o Noor Mohammed - Petitioner
Versus
State Of Rajasthan - Respondent
S.B. Civil Writ Petition No. 15629 of 2025, S.B. Civil Writ Petition No. 13991 of 2025, S.B. Civil Writ Petition No. 14788 of 2025, S.B. Civil Writ Petition No. 10417 of 2025
Decided on : 08-09-2025
| Table of Content |
|---|
| 1. petitioners seek quashing of municipal orders (Para 2 , 3) |
| 2. petitioner has ancestral land with municipal approval (Para 4 , 5 , 6) |
| 3. show cause notices issued for lease review (Para 7 , 8 , 9 , 10 , 11) |
| 4. committee finds evidence of misrepresentation (Para 12 , 13 , 14) |
| 5. petitioners argue validity of lease and permissions (Para 15 , 16 , 18) |
| 6. respondents allege misrepresentation by petitioner (Para 21 , 22 , 23 , 24) |
| 7. section 73-b empowers cancellation of leases (Para 25 , 26 , 27) |
| 8. court examines fairness in lease cancellation (Para 28 , 29 , 30) |
| 9. court rules on lease validity and construction legality (Para 31 , 32 , 33 , 34 , 36) |
| 10. court's order combines partial relief for petitioner (Para 37 , 38 , 39) |
ORDER :
KULDEEP MATHUR, J.
By way of filing these instant writ petitions under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs:-
In S.B. Civil Writ Petition No. 15629/2025-
“It is therefore most humbly prayed that this writ petition may kindly be allowed:-
a) By an appropriate writ, order and direction be issued and the orders dated 18.07.2025 & 21.07.2025 (Annexure-28) & 30.07.2025 (Annexure-29) passed by the Executive Officer, Municipal Board, Nohar may kindly be quashed and set aside.
b) By an appropriate writ, order and direction be issued and the Respondent Municipal Board Nohar may restrain to demolish or seizure of the house in question of the petitioners, which is constructed under a valid permission and approved plan.
c) By an appropriate writ, order and direction be issued and the Municipality and the respondent may kindly be restrain to ejectment or removal of the construction of the Petitioner upon the land prescribed in lease deed of the Petitioner.
d) By an appropriate writ, order and direction be issued and the lease dated 04.04.1994 (Annexure-10) may restore in its original number and position.
e) That any other relief, which this Hon'ble Court may deem fit, by which the Petitioner may get full justice and may also be allowed.
f) Costs of this writ petition may kindly be awarded in favor of the Petitioner.”
In S.B. Civil Writ Petition No. 14788/2025-
“It is therefore most humbly prayed that this writ petition may kindly be allowed:-
a) By an appropriate writ, order and direction be issued and the order dated 21.07.2025 (Annexure-18) and 30.07.2025 (Annexure-19) issued by the Municipal Board, Nohar may kindly be quashed and set aside.
b) By an appropriate writ, order and direction be issued and the Respondent Municipal Board Nohar may restrain to demolish or seizure of the house in question of the petitioners, which is constructed under a valid permission and approved plan.
c) By an appropriate writ, order and direction be issued and the Municipality and the respondent may kindly be restrain to ejectment or removal of the construction of the Petitioners upon the land prescribed in lease deed of the Petitioners.
d) By an appropriate writ, order and direction be issued and the lease dated 04.04.1994 (Annexure-2) may restore in its original number and position.
e) That any other relief, which this Hon'ble Court may deem fit, by which the Petitioners may get full justice and may also be allowed.
f) Costs of this writ petition may kindly be awarded in favor of the Petitioners.”
In S.B. Civil Writ Petition No. 13991/2025-
“It is therefore most humbly prayed that this writ petition may kindly be allowed:-
a) By an appropriate writ, order and direction be issued and $21725 the order dated 18.07.2025 & 21.7.25 (Annexure- 18) and notice dated 12.05.2025 (Annexure-17) issued by the Municipal Board, Nohar may kindly be quashed and set aside.
b) By an appropriate writ, order and direction be issued and the Respondent Municipal Board Nohar may restrain to demolish or seizure of the house in question of the petitioners, which is constructed under a valid permission and approved plan.
c) By an appropriate writ, order and direction be issued and the Municipality and the respond
Long-standing possession of property cannot be disregarded for cancellation of lease; revocation requires solid evidence of misrepresentation.
The Municipality has the authority to cancel a registered patta if fraud is demonstrated, despite its registration, under Section 73-B of the Rajasthan Municipalities Act, 2009.
The Municipal Board retains authority under Section 73-B of the Rajasthan Municipalities Act, 2009, to cancel registered pattas issued through fraud despite previous registrations.
The main legal point established in the judgment is that the cancellation of government lease, governed by statutory regulations, can be justified if the allotment was obtained by misrepresentation o....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
