HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 16235/2025 Hemraj Chawla S/o Late Shri Baluram Chawla, Aged About 60 Years, Resident Of Ward No.-28, Kirshi Mandi Road, Near Government Hospital, Kuchaman City, District Deedwana-

Kuchaman.

----Petitioner Versus

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

2. The Deputy Director (Regional), Local Self Department, Ajmer.

3. The Sub-Devisional Officer, Kuchaman City, District-

Deedwana- Kuchaman.

4. Municipal Council, Kuchaman City, District- Deedwana-

Kuchaman, Through Its Commissioner.

----Respondents For Petitioner(s) : Mr. Ankur Mathur Ms. Divya Bapna For Respondent(s) : Mr. Rajesh Panwar, AAG with Mr. Monal Chugh, AAAG HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

08/09/2025

1. By way of filing the present writ petition under Article 226 of the Constitution of India, the petitioner who is holding the post of Vice Chairperson, Municipal Council, Kuchaman City has challenged the validity and propriety of the order dated 19.08.2025 (Annexure-14) whereby he has been placed under suspension on the ground of issuing freehold commercial patta in contravention to the master plan.

2. Learned counsel submitted that the patta in question was issued during the campaign of ‘Prashashan Shehro Ke Sang Abhiyan’ and at the relevant point of time, thousands of pattas were issued. He submitted that even if a patta was wrongly issued, even then as per the condition mentioned in the patta, the Municipal Council, Kuchaman City has the authority and jurisdiction to cancel the same. However, till date no proceedings for cancellation of the patta which has been issued in contravention of Master Plan have been initiated. He submitted that the order of suspension is only politically motivated and has been issued against the petitioner only with a view to harass and humiliate him.

3. Per Contra, learned counsel for the respondents submitted that the decision to suspend the petitioner has been taken on the basis of fact finding inquiry or preliminary inquiry as contemplated under Section 39 of the Act of 2009 and, therefore, the same is not required to be interfered by this Court particularly when no procedural irregularity in issuing order of suspension has been pointed out by the petitioner.

4. Learned counsel however was not in a position to refute the fact that till date no proceedings to cancel the disputed patta have been initiated by the Municipal Council, Kuchaman City.

5. The matter requires consideration.

6. Issue notice to the respondents.

7. Shri Monal Chugh, associate to Shri Rajesh Panwar, AAG is directed to accept notice on behalf of the respondents. Service of notice upon respondents is, therefore, complete.

8. In the meanwhile and till further order, the effect and operation of the order dated 19.08.2025 (Annexure-14) placing the petitioner- Vice Chairperson, Municipal Council, Kuchaman City under suspension, shall remain stayed.

9. This Court, keeping in view the fact that a public representative while discharging his duties is required to maintain high standards of honesty and integrity, deems it just and appropriate to direct the respondent No.1 to seal the entire record pertaining to issuance of disputed patta and place it before the Judicial Officer before whom the judicial inquiry against the petitioner shall be conducted.

10. It is expected from the Judicial Officer that the judicial inquiry pending against the petitioner shall be concluded as expeditiously as possible preferably within a period of 45 days from today without granting unnecessary adjournments to the petitioner.

11. List the matter on 03.11.2025.

(KULDEEP MATHUR),J

274-divya/-