[2026:RJ-JD:8618]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11830/2025 Mahendra Dinodia S/o Late Shri Ramsharan Dinodia, Aged About 58 Years, R/o Ward No. 14, House No. 3, Nayi Basti, Sadulpur, Rajgarh, Churu (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Through Director, Local Bodies, Local Self Government Department, Jaipur.

2. The Executive Officer, Municipal Council, Rajgarh, District Churu (Raj.).

3. Junior Engineer, Municipal Council, Rajgarh, Churu.

----Respondents For Petitioner(s) : Mr. Utkarsh Singh Gurjar For Respondent(s) : Mr. Rakesh Sharma on behalf of Mr. Rajesh Panwar, AAG Mr. Jitendra Choudhary on behalf of Mr. Rishabh Tayal HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

16/02/2026

1. By way of filing the present civil writ petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:-

“It is, therefore, most respectfully and humbly prayed that by an appropriate writ, order or direction:

I. the present writ petition filed by the petitioner may kindly be allowed;

II. the impugned notices dated 06.06.2025 (Annx-11); 19.05.2025 (Annex. 4) passed by the Executive Officer, Municipal Council Rajgarh Churu may be quashed and set aside; and III. the respondents may be directed to consider the application of the petitioner for amended/revised layout plan submitted 25.05.2025 vide Application ID NPRAJ/2025-26/BPAS/301 in positive manner as the alleged excess construction of the petitioner being compoundable as per the extant Building Bye Laws of 2020 (amended 2023);

IV. Any other order of direction, which this Hon'ble Court deems fit and proper in the facts and circumstances of the present case may kindly be passed in favour of the humble petitioner.”

2. Having heard learned counsel for the parties and upon perusal of the material available on record, this Court finds that an application (Annexure-8) filed by the petitioner seeking regularization /compounding of the construction raised on the second floor (G+2) along with setbacks and is pending consideration before Respondent No.2 – Executive Officer, Municipal Council, Rajgarh, District Churu.

3. In that view of the matter, this Court deems it just and proper to dispose of the present writ petition with a direction to Respondent No.2 – Executive Officer, Municipal Council, Rajgarh, District Churu, to consider and decide the application (Annexure- 8) filed by the petitioner for regularization/compounding of the alleged unauthorized construction and setbacks, strictly in accordance with the applicable rules and bye-laws, within a period of twelve (12) weeks from today.

4. It is made clear that until a decision is taken by Respondent No.2 – Executive Officer, Municipal Council, Rajgarh, District Churu, on the petitioner’s application (Annexure-8), no coercive action shall be taken against the petitioner for sealing, seizure, or demolition of the alleged unauthorized construction raised on the disputed building (G+2).

5. It is further clarified that in the event any order adverse to the petitioner is passed by Respondent No.2 after consideration of the aforesaid application, the petitioner shall be at liberty to challenge the same before the appropriate forum in accordance with law.

6. With the aforesaid directions, the present writ petition as well as the stay application stand disposed of.

(KULDEEP MATHUR),J

41-Dinesh/-