JAGAT SINGH RATHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) LIKE the Biblical story of David and Goliath, this is a case of an individual pitted against the colossal State. Having bought some properties at Pushkar, an ancient and a holy city in Rajasthan, the petitioner has been running a hotel in the name and style of 'Hotel Pushkar Palace' since 1981. There were certain legal battles fought between the petitioner and the Municipality Board ('the Board', for short), Pushkar -the respondent No. 3 before this Court. The Board lost these battles. The Board claims to have served a notice on the petitioner on 22.4.06 directing him to remove the illegal constructions/encroachments made by him, within three days. But notwithstanding the said notice, on 22.4.06 itself, the Board demolished a part of the hotel and sealed thirty -eight rooms of the hotel. When the petitioner protested against the illegal action of the Board, the Board issued yet another notice on 28.4.067 Stunned by the demolition, aggrieved by the notice dated 28.4.06, the petitioner has knocked at the gates of this Court and has sought refuge.

(2.) THIS case has a long and chequered history. However, the history is pertinent for appreciating different aspects of the issues which would emerge in this case. Hence, it is essential to narrate the details of running battles and skirmish between the petitioner and the Board.

(3.) IN modern days, Pushkar is famous for its Cattle Fair which is generally held in the months of October -November, The Pushkar fair has attracted the attention the world -over. Not only the villagers come to sell their cattle, but foreign tourists descend on Pushkar to enjoy, the sites, the sounds and the colors of Rajasthan. Thus, the town is one of the favorite destinations for tourists in Rajasthan; it is vital to the economy of the State.