Pertains To Violation Of Fundamental Rights Under Article 21: Rajasthan High Court Stays Installation Of Dairy Booth Outside Private Residence

The Rajasthan High Court appointed a Court Commissioner in a plea challenging State government's order permitting proposed installation of a dairy booth outside a private residence in Jaipur, where it was alleged that dairies are running a wholesale kirana shops or small restaurantsConsidering the matter to be having “writ large effect”, the high court directed the Court Commissioner to inspect Bapu Nagar, Gandhi Nagar and other areas in Jaipur as mentioned in the plea and file a report in 7 days. Justice Sameer Jain opined that the matter was concerned with the applicability of Section 152, BNSS, as it pertained to violation of fundamental rights of the petitioner under Article 21 of the Constitution. It was the case of the petitioner that without taking NOC from any other concerned department like electricity, police, PWD etc, the dairy booth had been permitted to be installed in front of his private residence. Section 152, BNSS, provides for procedure for removal of public nuisance."Considering the same this Court deems it fit to appoint Mr. Ajay Pratap Singh as a Court Commissioner and expects from him to evaluate the issue, particularly in the area in question in the present petition, and Bapu Nagar, Gandhi Nagar and other areas thereafter a report be submitted within a period of seven days, on illustrative basis qua allotment, value determination, products and commodities being sold by dairies. Respondent Nos.1 and 2 are directed to pay Rs.55,000/- as fees and miscellaneous costs, to the Court Commissioner," the court said. In the meantime, the high court stayed the "operation and implementation" of the proposed installation of the dairy booth in front of the petitioner's residence.It was further argued that as per the general practice, in guise of a dairy booth, it will be operated as a shop, having adverse effect of petitioner's quality of life and privacy. The petitioner submitted that no appropriate guidelines were created in this regard and licenses were issued throughout the city of Jaipur. After hearing the contentions, the Court observed, “In the facts of the case, considering that the matter in hand has a writ large effect and the same is concerned with the applicability of Section 152 of BNSS, as the same pertains to violation of fundamental rights of the petitioner as enshrined under the provisions of Article 21 of the Constitution of India. It is further noted that as per the practice seen, the said dairies are running a wholesale kirana shops or small restaurants”.In this light, the Court appointed a Court Commissioner, directing him to evaluate the issue.The matter is now listed on September 8.Title: Ajay Shivpuri v State of RajasthanClick Here To Read/Download Order

Pertains To Violation Of Fundamental Rights Under Article 21: Rajasthan High Court Stays Installation Of Dairy Booth Outside Private Residence

Nupur Agrawal

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