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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Review Petition (Writ) No. 145/2021

Shakeel Khan Khokhar S/o Shri Abdul Karim, Aged About 41 Years,

R/o Plot No. 22, Behind Dalle Khan Petrol Pump, Barkatullah Khan

Colony, Akhaliya Choraha, Jodhpur.

----Petitioner

Versus

1.

State Of Rajasthan, Through The Secretary, Local Self

Department, Government Of Rajasthan, Secretariat, Jaipur.

2.

The Municipal Commissioner, Municipal Corporation, Jodhpur.

3.

Om Prakash Deora S/o Shri Padmaram Ji Deora, Aged About

57 Years, By Caste Mali, R/o Outside Nagori Gate, New Pilwa

House, Jodhpur.

4.

Poonam Devi W/o Shri Ram Bhajan Nisad, Aged About 37

Years, R/o 80, Subhash Chowk, Ratanada, Jodhpur.

----Respondents

For Petitioner(s)

:

Mr. S.D. Purohit with

Mr. Ram Sukh Mali.

For Respondent(s)

:

Mr. Rajesh Panwar, Sr. Adv. assisted by Mr.

Ayush Gehlot and Mr. Mudit Vaishnav.

HON'BLE MR. JUSTICE ARUN BHANSALI

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

17/10/2023

1.

This review petition has been filed by the petitioner seeking

review of order dated 4.8.2021 passed by a Coordinate Bench of

this Court, whereby, while deciding D.B. Writ Contempt No.

909/2019, D.B. Writ Contempt No.7/2020 and D.B. Civil Writ

Petition No.881/2020, it was directed as under:-

“Manifestly, the Municipal Officials are under a

legal obligation to ensure that public lands are saved

from unauthorized encroachments.

By order dated 29.01.2020, this court had been

apprised that CCTV cameras had been installed in the

Ghantaghar area so as to monitor and keep a vigil

against encroachments. However, during the course of

arguments, this court was informed that there was no

mechanism for round the clock monitoring ofthe feeds

received from these CCTV cameras as the same are

not connected directly to the Municipal Corporation’s

office. We would, therefore, suggest that the

Commissioners of both the Municipal Corporations

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[WRW-145/2021]

(North and South), Jodhpur would seek co-ordination

and cooperation from the Commissioner of Police,

Jodhpur for accessing the feeds of the CCTV cameras

installed by the Police Department in the entire city so

that encroachments can be monitored and kept in

check.

We also direct that both the Municipal

Commissioners shall fix the responsibility of the

designated Inspectors/officials of the respective

municipal wards so that the encroachments by the

shopkeepers etc. are kept in check. These officers shall

forthwith report the encroachments noticed in their

respective areas/wards and shall take immediate steps

to remove the same and to initiate prosecution in

accordance with Section 245 of the Municipalities Act.

All encroachments by shopkeeper etc. shall be

forthwith removed. If required, criminal cases shall be

registered against the offenders and they shall be

prosecuted as per law. The Commissioners shall also

ensure that any official, who is found avoiding

discharge of duties in this regard, would be subjected

to suitable departmental action. We are told that some

250 criminal cases have been instituted for the offence

under Section 244 of the Municipalities Act, but the

trials are pending since long. We hope and trust that

the investigation and trial of such cases will be

expedited.

Learned counsel Mr. Anirudh Purohit submits that

a dedicated helpline number may be prominently

displayed in the Ghantaghar area for reporting

encroachments. Mr. Rajesh Panwar assures that

measures shall be taken to display such number

immediately.

The Street Vending Plan has already been

finalized by the Municipal Corporation, Jodhpur and has

been approved by the State Government vide order

dated 07.12.2020 and thus, effective compliance of

this Court’s order has been made. We hereby direct

that in case any street vendor/hawker is desirous of

applyin