Shri Jat Samaj Sansthan vs Jda Jodhpur And Ors ...
2023 Latest Caselaw 3511 Raj

[2023/RJJD/011686]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6226/2016

Shri Jat Samaj Sansthan, Western Region, Jodhpur (registered Public Trust), through its President Shri Bhiyan Ram S/o Shri Ruga Ram, aged about 62 years, R/o Gangana Road, Pal, Jodhpur.

----Petitioner Versus

1. The Jodhpur Development Authority, Jodhpur through its Commissioner.

2. The Divisional Commissioner, Jodhpur.

3. The Dy. Commissioner, Jodhpur Development Authority (West), Jodhpur.

                                                                 ----Respondent


For Petitioner(s)         :     Mr. Rajesh Punia
For Respondent(s)         :     Mr. S.G. Ojha



               HON'BLE DR. JUSTICE NUPUR BHATI

                                     Order

24/04/2023

1. Counsel for the parties jointly submit that the issue involved

in the writ petition is squarely covered by the judgment dated

23.11.2021, passed by a Coordinate Bench of this Court in SB

Civil Writ Petition No.13001/2015 (Smt. Pushpa Devi Vs. State &

Ors. with other connected matters).

2. Therefore, in light of the submission made above, the

present writ petition is also allowed and the notice dated

15.07.2015 is quashed and set aside. The matter is remanded

back to the concerned authority of the JDA, who shall give fresh

opportunity of hearing to the present petitioners or their LRs and

then decide the issue afresh strictly in accordance with law. It is

[2023/RJJD/011686] (2 of 2) [CW-6226/2016]

further directed that if any action is sought to be taken against the

petitioner in pursuance of the order dated 15.07.2013 then the

authority shall be required to make necessary investigation, as

already directed in the order of 15.07.2013 itself. If any

independent right of applicant exists, the appicant shall be free to

agitate it separately, strictly in accordance with law.

3. Stay petition as well as all the pending applications also

stand disposed of accordingly.

(DR.NUPUR BHATI),J 59-/devesh/-

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