- (1.) We have heard learned counsel appearing for the parties.
(2.) By this Writ Petition, the petitioner has prayed for following reliefs : (i) The illegal construction raised at the site of House No. 1173 situated at Sakari Gali, Nataniyan Ka Rasta, Chokri Modikhana, Jaipur by the respondents no. 4 to 7 i.e. the construction of the commercial complex may kindly be ordered to be demolished or in the alternate the respondents no. 4 to 7 may kindly be restrained not to start commercial activities at the part of the commercial complex which has already been constructed; (ii) by an appropriate writ, order or direction the respondents no. 1 & 2 may kindly be directed to initiate appropriate action against the respondent no. 3 who knowingly and intentionally failed to take any action against the respondents no. 4 to 7 who raised the illegal construction and since the respondent no. 3 committed such illegality and apparently it appears that he also joined the hands with the respondents no. 4 to 7, disciplinary action may kindly be ordered to be initiated.
(3.) In the reply given by the Nagar Nigam, it is stated that the notice was given to the respondents to show cause as to why the shop may not be closed, and the commercial use may not be stopped, on which a civil suit has been filed by respondent No. 5 in the Court of Additional Civil Judge (Junior Division) No. 4, Jaipur City, Jaipur titled as Anil Kumar & Anr. v. Nagar Nigam Jaipur & Anr. , in which an injunction order was issued.;