Rajasthan High Court
G. C. Vyas S/O Shri Dinesh Chandra vs The State Of Rajasthan on 16 November, 2021
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 8654/2021
G. C. Vyas S/o Shri Dinesh Chandra, Aged About 77 Years, R/o
C-302, Classic Residency Welfare Society, Nemi Nagar Extension,
Vaishali Nagar, Jaipur.
----Petitioner
Versus
1. The State Of Rajasthan, Through Principal Secretary,
Government Secretariat, Jaipur-302005.
2. The Registrar, Sansthaye, Rajasthan, Sahakr Bhawan, 22
Godam Circle, Jaipur-302006.
3. The Competent Authority, Deputy Commissioner, Zone-7,
Ram Kishore Vyas Bhawan, Indra Circle, Jawahar Lal
Nehru Marg, Jaipur-302004.
4. The Appellate Authority, Commissioner Jda, Ram Kishore
Vyas Bhawan, Indra Circle, Jawahar Lal Nehru Marg,
Jaipur-302004
----Respondents
For Petitioner(s) : Mr. G.C. Vyas, present in person
For Respondent(s) : Mr. Virendra Lodha, Sr. counsel
assisted by Mr. Rachit Sharma, Adv.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
16/11/2021
This writ petition has been filed by the petitioner with the
following prayer:-
"It is, therefore, most respectfully
prayed that your lordship may graciously
be pleased to accept and allow the writ
petition and;
(i) by directing respondents to produce all
records of Classic Residency Welfare
Society 245-247, Nemi Nagar Extension,
Vaishali Nagar, Jaipur-302021 before
Hon'ble Court.
(ii) by an appropriate writ of mandamus,
order or direction in nature thereof to
(2 of 3) [CW-8654/2021]
punish JDA Deputy Commissioner Zone-7
for wilful disobedience of judgment dated
18.09.2020 passed by Hon'ble High Court
in Civil Writ (PIL) No.11612/2019 under
the contempt of Courts Act, 1971.
(iii) by an appropriate writ of madamus,
order or direction in nature thereof to
direct the JDA, Deputy Commissioner
Zone-7 to summon self-styled officer
bearers of Classic Residency Welfare
Society 245-247, Nemi Nagar Ext., Vaishali
Nagar, Jaipur-302021 in their names and
Branch Manager, Union Bank of India, Plot
No.8, MK Plaza, Near Tamanna Tower,
Amprapali Circle, Nand Vihar Colony,
Vaishali Nagar, Jaipur-302021 with the
records of the society under Section 25(a)
and (b) of Rajasthan Apartment Ownership
Act, 2015 as amended by the Act No.12 of
2019.
(iv) by an appropriate writ of mandamus,
order or direction in nature thereof to
direct competent Court, Deputy
Commissioner Zone-7 JDA to continue to
monitor the maintenance of lift for its daily
safe and efficient use and maintain other
essential services, electricity, water supply
and sanitation.
(v) by an appropriate writ of mandamus,
order or direction in nature thereof to
discover under Section 25 of Rajasthan
Apartment Ownership Act, 2015 for
producing documents including statement
of amounts received and expenses shows
in bank account of the society with
vouchers and audited statement if any sent
to Registrar of Societies and award
punishment under section 193 of Indian
Penal Code, 1860 for furnishing false
documents for registration with Registrar
Sansthaye and misappropriation and
misconception of funds collected from flat
owners.
(vi) Any other order which this Hon'ble
Court may deems fit and proper in the
facts and circumstances of the case also be
passed in favour of the humble petitioner
along with cost of writ petition."
Admittedly, the petitioner is having the alternative remedy of
filing application with regard to his grievances before the
(3 of 3) [CW-8654/2021]
competent authority under Rajasthan Apartment Ownership Act,
2015.
Learned senior counsel appearing on behalf of the
respondents submits that in case, the petitioner files the
application under Section 24 of the Act, the competent authority
i.e. Deputy Commissioner Zone-7, JDA, Jaipur will decide the
same expeditiously.
In that view of the matter, I dispose of this writ petition with
liberty to the petitioner to file an application to the competent
authority with regard to his grievances within a period of seven
days.
In the event of application being filed by the petitioner, the
competent authority is directed to decide the same in accordance
with law within a period of thirty days thereafter.
(INDERJEET SINGH),J
Jyoti/82
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