Handa Build Home Pvt Ltd vs J D A And Anr (2023:Rj-Jp:16523)
2023 Latest Caselaw 3025 Raj/2

[2023:RJ-JP:16523]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 3712/2017

Handa Build Home Private Limited, Through Aniket Nagar S/o
Shri Arun Nagar, A-9/273, Chitrakoot Scheme, Near Akshardham
Temple, Sector-9, Jaipur.
                                                                    ----Petitioner
                                    Versus
1.       Jaipur Development Authority, Through Secretary, Jln
         Marg, Jaipur
2.       Enforcement      Officer,       Zone-8,         Jaipur    Development
         Authority, Jln Marg, Jaipur
                                                                 ----Respondents

For Petitioner(s)         :     None present
For Respondent(s)         :     Mr. Amit kuri



           HON'BLE MR. JUSTICE GANESH RAM MEENA

                          Judgment / Order

03/08/2023

1. The present writ petition has been filed by the petitioner with

the prayer to restrain the respondents from demolishing the

construction made on plot No.F-71, and part thereof belonging to

the petitioner till passing of the appropriate order by the Appellate

Tribunal, Jaipur Development Authority, Jaipur (in short 'Appellate

Tribunal') in appeal filed by the petitioner against the notice issued

under Section 34-A and 34-B of the Jaipur Development Authority

Act, 1982 (in short 'Act of 1982').

2. Petitioner in para 'six' of the petition has stated that against

the notice dated 01.03.2017, he has preferred an appeal before

the Appellate Tribunal on 06.03.2017. He further has stated that

there is no Presiding Officer to preside the Appellate Tribunal and

[2023:RJ-JP:16523] (2 of 2) [CW-3712/2017]

the respondents are adamant to demolish the construction made

by the petitioner.

3. Mr. Amit Kuri, Adv. appearing for Jaipur Development

Authority (in short 'JDA') submits that the Appellate Tribunal is

functioning in regular manner.

4. In view of the submissions made by counsel for the

respondent-JDA that the Appellate Tribunal is functioning regularly,

this Court deems it just and proper to dispose of the present writ

petition with liberty to the petitioner to pursue his appeal pending

before the Appellate Tribunal and the Appellate Tribunal is

expected to dispose the appeal of the petitioner expeditiously, if

not disposed so far.

5. Accordingly, the present writ petition is disposed of.

6. Since the main petition has been disposed of, stay

application and all other pending application/s, if any, also stands

disposed of.

(GANESH RAM MEENA),J

ARTI SHARMA /169

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