1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.2609/2009. : : Prem Chand Kala Vs. State of Rajasthan & Anr. : : Date of Order 15.4.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Mahendra Goyal for the petitioner. Heard learned counsel for the petitioner. Learned counsel for the petitioner argued that in view of nature of the order dated 29.1.2009, which has not as such rejected application of petitioner for permission to raise construction, but has simply deferred, alternative remedy of appeal under Section 170 (12) of Rajasthan Municipalities Act would not be available to him. Upon hearing learned counsel for the petitioner and perusing the impugned order as also the relevant provisions, I am not inclined to uphold this argument. The order conveyed to the petitioner by the Municipal Council states that as of now there is no Apartment Regulation Act or 2 any other law, therefore, permission for construction of different stories by different persons cannot be decided at this stage and the matter is, therefore, deferred. In fact, resultant situation is that permission has not been granted to petitioner. Petitioner should, therefore, approach the District Collector under Sub-section (12) of Section 170 of Rajasthan Municipalities Act by way of appeal, which appeal shall be heard and decided by District Collector on merits of the case as expeditiously as possible. This writ petition is disposed of with aforesaid observation. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.59.