S.B. Civil Writ Petition No. 1302/2011. Case: Nizamuddin Vs The Jaipur Municipal Corporation and Ors.. Jharkhand High Court
| Case Number | S.B. Civil Writ Petition No. 1302/2011 |
| Judges | Narendra Kumar Jain I, J. |
| Issue | Property Law |
| Judgement Date | September 01, 2011 |
| Court | Jharkhand High Court |
Order:
Narendra Kumar Jain I, J., (Jaipur Bench)
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Heard learned Counsel for the parties.
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Petitioner has preferred this writ petition with a prayer that by way of an appropriate writ, order or direction, Respondent Nos. 2 and 3- The Public Health and Engineering Department, may be directed to release water connection to the Petitioner at his tenanted property, as applied for, and further to restrain Respondent No. 1, Jaipur Municipal Corporation not to put any hindrance in the way of Petitioner in getting water connection from the Respondent Nos. 2 and 3.
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Learned Counsel for Petitioner submitted that property in dispute was on rent with his Uncle Abdul Latif, who has now died, the said property was taken on rent from Chandra Shekhar Mahadev Ki Baghichi Sevkan Sansthan, Jaipur and as per settlement took place between late Shri Abdul Latif and Chandra Shekhar Mahadev Ki Baghichi Sevkan Sansthan, Jaipur in Suit No. 23/2001, pending in the Court of Additional Civil Judge(Junior Division) No. 5, Jaipur City, Jaipur, dated 18.12.2008, tenant was given liberty to take electricity and water connection, at his own cost. Petitioner submitted that he has already deposited the required amount and certificate from landlord for releasing water connection, but Respondent Nos. 2 and 3 are not releasing the same.
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Learned Counsel for Respondent Nos. 2 and 3 submitted that vide letter dated 05.01.2011, Petitioner was informed to produce 'no dues certificate' from Devasthan Department as well as Municipal Corporation, Jaipur. Since Petitioner has not produced both the certificates, therefore, water connection could not be released, However, during the course of arguments, learned Counsel for Respondent Nos. 2 and 3 fairly and frankly submitted that Petitioner may be directed to file fresh representation before Respondent Nos. 2 and 3 for releasing water connection in his rented shop and the same will be examined, in accordance with rules and if application is found in...
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