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2026 Supreme(Raj) 7

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SUNIL BENIWAL
Bhagyodaya Construction L.l.p., Nathdwara Through Its Partner Shyam Sunder, S/o. Late Ramkishan – Appellant
Versus
State Of Rajasthan, Through District Collector, Rajsamand – Respondent


Advocates Appeared:
For the Appellant : Mr. Suresh Shrimali. Mr. Rishabh Shrimali., Adv.
For the Respondent: Dr. Pratishtha Dave., Adv.

ORDER :

SUNIL BENIWAL, J.

1. This writ petition has been filed by the petitioner with the following prayer :-

“It is, therefore, most respectfully prayed on behalf of the petitioner that the writ petition may kindly be allowed and by an appropriate writ of mandamus, order or direction:-

(i) the impugned notice dated 11.09.2025 (Annexure-7) and the impugned notice-cum-order dated 13.09.2025 (Annexure-9) may kindly be quashed and set aside.

(ii) the respondent Municipal Board, Nathdwara may kindly be restrained from taking any coercive action in pursuance of the impugned notices dated 11.09.2025 and 13.09.2025.

(iii) the respondents may kindly be directed to permit the petitioner to operate its museum on the ground floor and office on the first floor of its building.

(iv) Any other appropriate order or direction, which this Hon’ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioner.

(v) Cost of the writ petition may kindly be awarded in favour of the petitioner.”

2. The facts, in nutshell, as narrated in the present writ petition, are that the petitioner constructed a four-storied building after obtaining permission fr

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