1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.2577/2009 (Jitendra Singh Vs. State of Raj. & Ors.) Date of order : 30.03.2009 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Deelip Kawadia, for the petitioner. Heard learned counsel for the petitioner. In this writ petition, the petitioner has made following prayer : “1. That by an appropriate writ order and direction, within the city limits of Udaipur, all the education institutions, institutions for which the land has been allotted by the Government for restricted or particular use may be restrained to organize any functions, events, parties for commercial advantage/gains.” In my opinion, when the Municipal Council, Udaipur has framed bye-laws for running marriage halls and 'vatikas' then the Municipal Council, Udaipur is required to execute those bye-laws in its true spirit. The grievance of the petitioner is that so many 2 educational institutions allotted for the education purposes are being used for the purposes other then education, therefore, a direction may be issued to restrain to use those premises for the purpose other than education like marriage as well as other parties/functions. In my opinion, when bye-laws are in existence and the petitioner is citizen of the Udaipur City then he is required to first approach the Municipal Council, Udaipur by way of filing representation and point out those premises which are being used for the purposes other than education. Upon filing the said representation, the Municipal Council, Udaipur is directed to consider the same and pass appropriate order within a period of one month from the date of filing representation while following the bye-laws framed by it. It is made clear that if any adverse order will be passed by the Municipal Council, Udaipur, then petitioner will be at liberty to invoke the remedy available under the law. With the aforesaid observation/direction, the writ petition is disposed of. (GOPAL KRISHAN VYAS), J. arun