CWP-14306/2010 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.14306/2010 Sharad Surana and anr. Versus. The Municipal Counsel, Beawar Date of Order ::: 25/10/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Ashish Saksena, for petitioners. Instant writ petition has been filed by the petitioners assailing the notice dt. 18/10/2010 (Anx.1) issued under Section 167 to 170 & 194 of the Rajasthan Municipalities Act, 2009. The notice has been issued to the petitioner that he is making unauthorized construction/encroachment which is in contravention of the provisions of the Act, 2009 and the Municipal Council, may seized the property in question. The main thrust of the submission of counsel is that the plan is approved by the Municipal Council, Beawar and the construction has been raised strictly in conformity with the approved plan. As such, the very notice served upon the petitioner dt. 18/10/2010 is wholly unwarranted. In the opinion of this Court, the submission is of no substance for the reason that it is a question of fact as to whether CWP-14306/2010 //2// the construction, which has been raised by the petitioner, is in conformity with the approved plan approved by the Municipal Council, Beawar and if the municipal authorities come across on the physical verification that the construction raised is not in conformity with the approved plan, they are always under statutory obligation to take action in accordance with law but at the same time, if the petitioner contends that he has raised construction in terms of the approved plan, since these are the dispute questions, which cannot be looked into by this Court under its limited scope of judicial review under Article 226, the petitioner is at liberty to raise objections before the competent court where such dispute questions can be examined. However, counsel submits that the respondents-Council may be restrained from taking any coercive action against the petitioner at least for fifteen days in pursuance of the notice impugned dt. 18/10/2010 so that the petitioner may be able to approach the appropriate forum. This court finds substance in this submission and accordingly the respondent-Council is restrained from taking any coercive action against the petitioner for fifteen days in pursuance to the notice impugned dt. CWP-14306/2010 //3// 18/10/2010 and after expiry of fifteen days from today, the respondent-corporation will be at liberty to proceed further in accordance with law and the petitioner, in the meantime, will be at liberty to avail remedy under law. With these directions/observations, the writ petition stands disposed of. (Ajay Rastogi), J. Raghu/p.3/ 14306-CW-2010-final.doc