[2025:RJ-JP:46553]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8847/2022 Dharam Chand Saini S/o Shri Ganga Ram Saini, Aged About 62 Years, R/o Plot No. A-13, 6D, Engineers Colony, Near New Sanganer Road, Mansarovar, Jaipur.

----Petitioner Versus

1. State of Rajasthan, through Secretary, Urban Development and Housing Department, Government Of Rajasthan, Secretariat, Jaipur.

2. Jaipur Municipal Corporation (Greater), Pandit Deen Dayal Upadhyay Bhawan, Lal Kothi, Near SMS Stadium, Tonk Road, Jaipur, through Its Commissioner.

3. Jaipur Development Authority, Ram Kishore Vyas Bhawan, J.L.N. Marg, Near Indira Circle Jaipur Through Commissioner.

----Respondents For Petitioner(s) : Mr. Devendra Kumar Bhardwaj For Respondent(s) : Mr. Monu Kumar for Mr. Imran Khan Mr. Nalin G. Narain with Mr. Devranjan Singh Shekhawat &

Mr. Shreyansh Jain HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

18/11/2025 The matter comes up on an Interlocutory Application No.

(01/2024) under Article 226(3) of the Constitution of India filed by the respondent No.2 for vacation of ex-parte interim order dated 17.06.2022, passed by this Court.

With the consent of learned counsel for the parties, this writ petition is being heard and decided on merits.

Instant writ petition has been filed seeking following reliefs:-

(i) by an appropriate writ, order or direction, the impugned notices dated 24.09.2020 & 01.06.2022 issued by the respondents may kindly be quashed and set aside;

(ii) by an appropriate writ, order or direction, the respondents may kindly be directed to conduct survey of dairy and allot the plot to the petitioner under dairy scheme for shifting of dairy of petitioner.

(iii) by an appropriate writ, order or direction, the respondents may kindly be restrained from removal of dairy of petitioner from present place and creating any hurdle in running of diary nearby Swarn Garden, Mansarovar, Jaipur and taking any coercive action against the petitioner till allotment of plot under dairy scheme.

(iv) Any other relief which this Hon’ble Court deems just and proper in the facts and circumstances of the case may also be given in favour of the petitioner.”

Learned counsel for the petitioner submits that so far as prayer Nos. (i) & (iii) are concerned, same have been rendered infructuous on account of the fact that dairy run by the petitioner has already been removed. It is submitted that so far as prayer No. (ii) is concerned, respondents are under obligation to conduct survey of dairy and allot the plot to the petitioner under the Dairy Scheme launched by the respondents for shifting of dairy to the petitioner.

Learned counsel appearing for respondents does not dispute the aforesaid factual aspect and submits that if any representation is filed by petitioner seeking allotment of the suitable alternative plot for shifting of the dairy business, same shall be considered in accordance with policy decision in this matter.

In view of above, I deem it just and proper to dispose of this writ petition with the direction to the petitioner to file an appropriate representation before the concerned authority within a period of two weeks from today along with a certified copy of this order.

If any such representation is filed by the petitioner before the concerned authority within the stipulated period, the same shall be considered and decided by the concerned authority in accordance with extant policy and keeping in mind the availability of land in Jaipur Municipal Corporation for the purpose of running dairy, within a period of two months from the date of its receipt.

The respondents are directed to intimate the fate of the representation to the petitioner.

This Court has not passed any observation on the merits of the case and thus, if any representation is filed by the petitioner, same may be decided in accordance with law without being influenced or prejudiced by this order.

Accordingly, the writ petition is disposed of.

Stay application, Interlocutory Appli