HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 7171/2022

M/s Sh. Bikaner Fitness Centre, Through Partner Sh. Hemant

Sharma S/o Sh. Satyanarayan Sharma, Aged About 37 Years,

R/o Opposite MS College, Behind Orphanage, Bikaner.

----Petitioner

Versus

1.

The Divisional Commissioner, Bikaner.

2.

Urban Improvement Trust, Through Secretary, Bikaner.

----Respondents

For Petitioner(s)

:

Mr. Muktesh Maheshwari

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

26/05/2022

This writ petition has been filed by the petitioner-fitness

centre essentially being aggrieved by the action of sealing/seizing

it by the respondent No.2-UIT, Bikaner while exercising powers

under Section 90-A of Rajasthan Urban Improvement Act, 1959.

Against the said action, the petitioner-fitness centre filed an

appeal before the respondent No.1-Divisional Commissioner,

Bikaner with the contention that no opportunity of hearing was

granted to it by the respondent No.2-UIT, Bikaner before passing

the sealing/seizing order. The respondent No.1-Divisional

Commissioner, Bikaner vide order dated 20.04.2022 while

disposing of the said appeal filed by the petitioner-fitness centre

remitted the matter to the respondent No.2-UIT, Bikaner to take a

fresh decision after providing opportunity of hearing to the

petitioner-fitness centre. It is further directed that the

(2 of 3)

[CW-7171/2022]

petitioner-fitness centre be granted appropriate time for shifting

the fitness centre.

Learned counsel for the petitioner-fitness centre has

submitted that the respondent No.1-Divisional Commissioner,

Bikaner has not ordered for unsealing the petitioner-fitness centre

while passing the impugned order. It is also submitted that once

the respondent No.1-Divisional Commissioner, Bikaner came to

the conclusion that the impugned action of the respondent

No.2-UIT, Bikaner is violative of principle of natural justice as no

opportunity of hearing was provided to the petitioner-fitness

centre, it is expected from the respondent No.1-Divisional

Commissioner, Bikaner to order for unsealing the petitioner-fitness

centre.

Having heard learned counsel for the petitioner-fitness

centre and after perusing the material available on record, this

Court is of the opinion that when the respondent No.1-Divisional

Commissioner, Bikaner has found that the action of the

respondent No.1-UIT, Bikaner is violative of principles of natural

justice, it is expected from it to pass some order in respect to the

sealing/seizing of the petitioner-fitness centre.

Be that as it may, I deem it appropriate to dispose of this

writ petition with a direction to the respondent No.2-UIT, Bikaner

to take a fresh decision on the issue after providing full

opportunity of hearing to the petitioner-fitness centre as directed

by the respondent No.1-Divisional Commissioner, Bikaner within a

period of ten days from the date of production of certified copy of

this order.

(3 of 3)

[CW-7171/2022]

The petitioner-fitness centre is free to move an appropriate

application before the respondent No.2-UIT, Bikaner for unsealing

it.

Ordered accordingly.

Stay petition also stands disposed.

(VIJAY BISHNOI),J

Abhishek Kumar

S.No.170