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M/S SH. BIKANER FITNESS CENTRE – Appellant
Versus
THE DIVISIONAL COMMISSIONER – Respondent


Advocates:
['MUKTESH MAHESHWARI', '', 'SIDDHANT BHANSALI', 'ASHVINI GEHLOT']

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

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