Pappu Choudhary S/O Shyoram ... vs The Jaipur Development Authority ...
2023 Latest Caselaw 4101 Raj/2

[2023:RJ-JP:19094]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 13876/2021

Pappu Choudhary S/o Shyoram Choudhary, Aged About 45
Years, R/o Plot No. 5, Shiv Vihar-A, Village Mangyawas,
Mansarovar, Teh. Sanganer, Jaipur (Rajasthan).
                                                                      ----Petitioner
                                      Versus
1.        The Jaipur Development Authority, Through Its Secretary,
          Indra Circle, Jawahar Lal Nehru Marg, Jaipur (Rajasthan).
2.        The State Of Rajasthan, Through Its Secretary, Urban
          Development And Housing Department, Government Of
          Rajasthan, Government Secretariat, Jaipur (Rajasthan).
                                                                   ----Respondents

For Petitioner(s) : Mr. Saurabh Pareek for Mr. Rakesh Kumar For Respondent(s) :

HON'BLE MR. JUSTICE GANESH RAM MEENA

Judgment / Order

24/08/2023

1. The preset writ petition has been filed by the petitioner

assailing the show cause notice dated 22.10.2021, issued by the

Jaipur Development Authority, Jaipur (in short 'JDA',) under

Section 72 of the JDA Act, 1982, alleging unauthorized

construction being raised by the petitioner.

2. When counsel for the petitioner was asked how the writ

petition is maintainable against the show cause notice, when show

cause notice itself called explanation from the petitioner and after

his explanation, the appropriate decision would be taken? Counsel

appearing for the petitioner is not in a position to show that the

writ petition is maintainable against the show cause notice

[2023:RJ-JP:19094] (2 of 5) [CW-13876/2021]

3. The petitioner has challenged the show cause notice by filing

this writ petition. The Division Bench of this Court in case of "M/s

Global One Resources LLP Vs. Deputy Commissioner & Ors"

2023/RJJP/002062 in D.B. Civil Writ Petition No.18424/2022 as

observed as under:-

"In the case of Union of India and Others Vs. Coastal

Container Transporters Association and Others, (2019) 20

SCC 446, while dealing with an issue with regard to dispute

regarding classification of taxable services, their Lordships in the

Hon'ble Supreme Court cautioned against exercise of writ

jurisdiction as below:

"30. On the other hand, we find force in the contention of the learned Senior Counsel, Shri Radhakrishnan, appearing for the appellants that the High Court has committed error in entertaining the writ petition under Article 226 of the Constitution of India at the stage of show-cause notices. Though there is no bar as such for entertaining the writ petitions at the stage of show-cause notice, but it is settled by a number of decisions of this Court, where writ petitions can be entertained at the show-cause notice stage. Neither it is a case of lack of jurisdiction nor any violation of principles of natural justice is alleged so as to entertain the writ petition at the stage of notice. The High Court ought not to have entertained the writ petition, more so, when against the final orders appeal lies to this Court.

31. The judgment of this Court in Union of India v. Guwahati Carbon Ltd.

(2012) 11 SCC 651, relied on by the learned Senior Counsel for the appellants also supports their case. In the aforesaid judgment, arising out of the Central Excise Act, 1944, this Court has held that excise law is a complete code in order to seek redress in excise matters and held that

[2023:RJ-JP:19094] (3 of 5) [CW-13876/2021]

entertaining writ petition is not proper where alternative remedy under statute is available. When there is a serious dispute with regard to classification of service, the respondents ought to have responded to the show-cause notices by placing material in support of their stand but at the same time, there is no reason to approach the High Court questioning the very show-cause notices. Further, as held by the High Court, it cannot be said that even from the contents of show-cause notices there are no factual disputes.

32. Further, the judgment of this Court in Malladi Drugs & Pharma Ltd. v.

Union of India (2020) 12 SCC 808, relied on by the learned Senior Counsel for the appellants also supports their case where this Court has upheld the judgment of the High Court which refused to interfere at show-cause notice stage."

The Hon'ble Supreme Court in the case of Union of India and

Another Versus Vicco Laboratories, (2007) 13 Supreme Court

Cases 270 held as below:-

"31. Normally, the writ court should not interfere at the stage of issuance of show-cause notice by the authorities. In such a case, the parties get ample opportunity to put forth their contentions before the authorities concerned and to satisfy the authorities concerned about the absence of case for proceeding against the person against whom the show-cause notices have been issued. Abstinence from interference at the stage of issuance of show-cause notice in order to relegate the parties to the proceedings before the authorities concerned is the normal rule.

However, the said rule is not without exceptions. Where a show-cause notice is issued either without jurisdiction or in an abuse of process of law, certainly in that case, the writ court would not hesitate to interfere even at the stage of issuance of show cause-notice. The interference at the show-cause notice stage should be rare and not in a routine manner. Mere assertion by

[2023:RJ-JP:19094] (4 of 5) [CW-13876/2021]

the writ petitioner that notice was without jurisdiction and/or abuse of process of law would not suffice. It should be prima facie established to be so. Where factual adjudication would be necessary, interference is ruled out."

The Hon'ble Supreme Court in the case of Union of India and

Another Versus Kunisetty Satyanarayana, (2006) 12 Supreme

Court Cases 28 held as below:-

"13. It is well settled by a series of decisions of this Court that ordinarily no writ lies against a charge-sheet or showcause notice vide Executive Engineer, Bihar State Housing Board v. Ramesh Kumar Singh (1996) 1 SCC 327, Special Director v. Mohd. Ghulam Ghouse (2004) 3 SCC 440, Ulagappa v. Divisional Commr., Mysore 2001 (10) SCC 639, State of U.P. v. Brahm Datt Sharma (1987) 2 SCC 179, etc.

14. The reason why ordinarily a writ petition should not be entertained against a mere show-cause notice or chargesheet is that at that stage the writ petition may be held to be premature. A mere charge- sheet or show-cause notice does not give rise to any cause of action, because it does not amount to an adverse order which affects the rights of any party unless the same has been issued by a person having no jurisdiction to do so. It is quite possible that after considering the reply to the show-cause notice or after holding an enquiry the authority concerned may drop the proceedings and/or hold that the charges are not established. It is well settled that a writ lies when some right of any party is infringed. A mere show-cause notice or charge-sheet does not infringe the right of any one. It is only when a final order imposing some punishment or otherwise adversely affecting a party is passed, that the said party can be said to have any grievance.

15. Writ jurisdiction is discretionary jurisdiction and hence such discretion under Article 226 should not ordinarily be exercised by quashing a show-cause notice or chargesheet.

[2023:RJ-JP:19094] (5 of 5) [CW-13876/2021]

No doubt, in some very rare and exceptional cases the High Court can quash a charge-sheet or show-cause notice if it is found to be wholly without jurisdiction or for some other reason if it is wholly illegal. However, ordinarily the High Court should not interfere in such a matter."

4. In view of the above, the present writ petition is dismissed

being premature.

5. Since the main petition has been dismissed, the stay

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

dismissed.

(GANESH RAM MEENA),J

ARTI SHARMA /46

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