Gandi Path Vikas Samiti vs Jaipur Development Authority ...

Rajasthan High Court

Gandi Path Vikas Samiti vs Jaipur Development Authority ... on 14 May, 2024

Bench: Manindra Mohan Shrivastava, Bhuwan Goyal

   [2024:RJ-JP:22872-DB]

           HIGH COURT OF JUDICATURE FOR RAJASTHAN
                       BENCH AT JAIPUR

                 D. B. Special Appeal (Writ) No. 1022/2023

                                              In
                   S.B. Civil Writ Petition No. 13586/2009

    Gandi Path Vikas Samiti, 159/160, Girnar Colony, Queens Road,
    Vaishali   Nagar,      Jaipur    Through         President         Narendra   Kumar
    Sharma S/o Shri Mahadaram Sharma, Aged About 43 Years, R/o
    Plot No. 177, Girnar Colony, Queens Road, Vaishali Nagar, Jaipur
    (Rajasthan)
                                                                           ----Appellant
                                          Versus
    1.      Jaipur Development Authority, Ram Kishor Vyas Bhawan
            Near Indira Circle J.l.n Marg Jaipur, Deputy Commissioner,
            Zone-VII, J.D.A. Jaipur.
    2.      Smt. Surdarshana Bagda W/o Shri Mani Bhadra Bagda,
            R/o B-99-A, University Road, Bapu Nagar, Jaipur.
    3.      Jaipur Development Authority Appellate Tribunal, Ram
            Kishor Vyas Bhawan Near Indira Circle J.l.n Marg Jaipur
            Through Its Presiding Officer.
                                                ----Non-Appellants/Respondents

For Appellant : Mr. R.P. Garg Advocate. For Respondent No. : Mr. Amit Kuri Advocate with 1 Ms. Nandini Mirdha Advocate, Mr. Harshvardhan Shekhawat Advocate, Mr. Dharma Ram Advocate For Respondent No. : Mr. Ankul Guptal Advocate 2 HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE BHUWAN GOYAL Judgment 14/05/2024

1. There is prayer for leave to file appeal by the appellant-Gandi Path Vikas Samiti on the submission that the land in dispute is being used for common purposes as park and, therefore, any (Downloaded on 16/05/2024 at 08:48:38 PM) [2024:RJ-JP:22872-DB] (2 of 2) [SAW-1022/2023] order which may ultimately be passed will have the effect of user of the land by the residents of the area.

2. The appellant has challenged the order passed by the learned Single Judge in the matter of dispute between Jaipur Development Authority and Smt. Sudarshana Bagda.

3. Considering the facts and circumstances of the case, instead of granting leave to file appeal against the order passed by the learned Single Judge, but taking into consideration that Jaipur Development Authority has already filed an appeal against the order passed by the learned Single Judge, we are inclined to dispose off this appeal with liberty to the appellant to intervene in the appeal filed by Jaipur Development Authority.

4. Appeal is, accordingly, disposed off. (BHUWAN GOYAL),J (MANINDRA MOHAN SHRIVASTAVA),CJ MANOJ NARWANI-RAHUL/54 (Downloaded on 16/05/2024 at 08:48:38 PM) Powered by TCPDF (www.tcpdf.org)