Ashok Kumar S/O Late Sh. Dungarmal vs State Of Rajasthan
2022 Latest Caselaw 5797 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                 D.B. Special Appeal (Writ) No. 544/2022
                                           In
                   S.B. Civil Writ Petition No.11231/2021
   1.     Ashok Kumar S/o Late Sh. Dungarmal, Aged About 40
          Years,      Resident      Of      6/185,        SFS,      Agarwal       Farm,
          Mansarovar, Jaipur (Rajasthan).
   2.     Jagannath       Khandappa             S/o      Late       Sh.     Dungarmal
          Khandappa, Aged About 52 Years, Resident Of 6/185,
          SFS, Agarwal Farm, Mansarovar, Jaipur (Rajasthan)
                                                                          ----Appellants
                                       Versus
   1.     State Of Rajasthan, Through Additional Chief Secretary,
          Urban     Development           And      Housing,         Government       Of
          Rajasthan, Secretariat, Jaipur.
   2.     Rajasthan Housing Board, Through Chairman, Avasan
          Bhawan, Janpath Jyoti Nagar, Jaipur.
   3.     Commissioner, Rajasthan Housing Board, Avasan Bhawan,
          Janpath Jyoti Nagar, Jaipur.
   4.     Deputy Commissioner, Rajasthan Housing Board, Circle-
          III, Jawahar Circle, Malviya Nagar, Jaipur.
                                                                    ----Respondents

For Appellant(s) : Mr. Pradeep Mathur Advocate.

HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Judgment / Order

24/08/2022

Heard.

This appeal has been filed by the appellants against the

order dated 15.03.2022 by which application (1/2021), for

handing over possession of the disputed flats has been rejected on

the ground that it amounts to granting final relief.

(2 of 2) [SAW-544/2022]

Learned counsel for the appellants would argue that once the

appellants were required to deposit the amount as directed under

the demand notice, the possession ought to be given to them by

way of an interim relief in addition to the relief which has already

been granted staying auction proceedings in relation to the flats in

question.

The demand of possession by an interim order, cannot be

granted to the appellants because that is the part of the final relief

which has been claimed by the appellants. On their depositing the

amount under the demand notice, further proceedings of auctions

have already been stayed by the learned Single Judge. Any order

more than that in the shape of directing handing over the

possession, has rightly been held to be an order in the nature of

final relief. Therefore, we do not find any illegality in the order

passed by the learned Single Judge.

The appeal is, therefore, dismissed.

(ANOOP KUMAR DHAND),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ

Sanjay Kumawat-3

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