CW 1943/06 - Smt. UgamKanwar & Anr.Vs.State of Rajasthan & Ors : Judgment dt.8.5.08 1/5 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. JUDGMENT Smt. UgamKanwar & Anr. Vs. The State of Rajasthan & Ors. S.B. CIVIL WRIT PETITION NO.1943/2006 under Article 226 of the Constitution of India. Date of Judgment : 8th May, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Siddharth Joshi for Mr. J.P. Joshi for the petitioners. Mr. Yashwant Mehta for the respondents. --------- BY THE COURT:- 1. This writ petition is directed against the notice given to the petitioner for removal of his encroachment made outside the Circuit House at Mount Abu, the Hill Station of State of Rajasthan under Section 203 of the Rajasthan Municipalities Act, 1959 dated 5.4.2006. 2. Learned counsel for the petitioner came out with the case that the petitioner is in possession of the said premises since 1980 and it being a very old construction, the same deserves to be regularized in his favour. 3. He has also referred the circular of the State Government dt.22nd December, 1999 Annex.21 referring to para 5 proviso (page 52 CW 1943/06 - Smt. UgamKanwar & Anr.Vs.State of Rajasthan & Ors : Judgment dt.8.5.08 2/5 of the paper book). Learned counsel for the petitioner submitted that unauthorized old residential construction was envisaged to be regularized on the recommendation of the District Magistrate by the State Government. 4. He also submitted that the representation in pursuance of the direction given by this Court on 13.4.2006 while considering the present writ petition was also submitted that according to him, the representation was made to the Municipal Council on 13th of April, 2006 itself and the copy of which has been placed along with the forwarding letter on the record of this Court. 5. The aforesaid submissions are vehemently opposed by Mr. Yashwant Mehta, learned counsel appearing for the respondent, Municipal Council. He submits that the petitioner Ugam Kanwar is wife of late Shri Madan Singh Rathore, who was working as class IV servant in Circuit House in Mount Abu and over the course of period, he encroached over the Government land adjacent to the circuit house and made 10 rooms Guest House, which the heirs of the said person Madan Singh Rathore after his death are running as a Guest House. He strongly opposed the request of any regularization and prayed that the Municipal Council may be allowed to remove the encroachment as no regularization is permitted in Mount Abu of such encroachment. He submitted that petitioner admittedly does not have nor he cannot have any title over the aforesaid Government land of Circuit House. CW 1943/06 - Smt. UgamKanwar & Anr.Vs.State of Rajasthan & Ors : Judgment dt.8.5.08 3/5 He referred to a circular dated 18.5.1999 of the State Government in this regard referred to in letter dated 9.6.1999 addressed to all District Collectors vide para 4 of the same which prohibits any such regularization in Mount Abu at all. 6. Mr. Yashwant Mehta also submitted that the copy of representation alleged to have been filed by the petitioner on 13.4.2006 was not given to the Municipal Council nor a copy of the same has been supplied to him when it was filed in this Court and the matter was again considered by this Court on 15.4.2006 when the status quo order was passed by this Court till next date of hearing. 7. Learned counsel for the petitioner thereupon fairly submitted that in view of this situation, the Municipal Council may be directed to consider the aforesaid representation dated 13.4.2006, a copy of which has been supplied to the learned counsel for the respondents today and he submits that the petitioner or her duly authorized representative would present herself / himself before the Commissioner, Municipal Council, Mount Abu on Monday, 12th May, 2008 with a copy of the said representation and this writ petition which may be directed to be decided by him as the petitioner is also submitted in the writ petition that encroachments of 6 other persons similarly situated were regularized by the Municipal Council. 8. In view of the aforesaid, this writ petition is disposed of CW 1943/06 - Smt. UgamKanwar & Anr.Vs.State of Rajasthan & Ors : Judgment dt.8.5.08 4/5 with the following directions:- (i) The learned counsel for the petitioner may supply a copy of representation dated 13.4.2006 to the learned counsel for the Municipal Council, Mount Abu today. (ii) The petitioner or her duly authorized representative would present herself / himself before the Commissioner, Municipal Council, Mount Abu on Monday, 12th May, 2008 with the copy of representation and the copy of the writ petition and its annexures and submit the same to him. (iii) The Commissioner, Municipal Council, Mount Abu is directed to give an opportunity of hearing on that day itself to the petitioner or her authorized representative and pass appropriate speaking order and communicate the same to the petitioner or her authorized representative in writing on the same date. (iv) If the representation is rejected by the Commissioner, Municipal Council, the respondent Municipal Council shall provide a period of 15 days to the petitioner to approach the State Government under Section 300 of the Act and unless any interim stay order is passed by the competent authority of the State Government in this regard, the concerned authority of the Municipal Council, Mount Abu shall be at liberty to remove the encroachment made by the petitioner or her representative at the site in question, if necessary by using CW 1943/06 - Smt. UgamKanwar & Anr.Vs.State of Rajasthan & Ors : Judgment dt.8.5.08 5/5 force after expiry of said period of fifteen days, forthwith. (v) If any interim order against the removal of such encroachment is passed by the State Government, the Municipal Council is at liberty to file appropriate Miscellaneous application before this Court in this writ petition. 9. With these observations, this writ petition is disposed of. No order as to costs. [ DR. VINEET KOTHARI ], J. item No.s.2 babulal/-