Rajasthan High Court
Mohammed Azad S/O Shri Mohammed ... vs The Jaipur Development Authority on 16 January, 2023
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 13266/2022
Mohammed Azad S/o Shri Mohammed Ramjani, Aged About 52
Years, R/o Manoharpura Kachchi Basti, Jagatpura Road, Jaipur
(Raj.)
----Petitioner
Versus
The Jaipur Development Authority, Through Its Secretary, J.l.n.
Marg, Jaipur (Rajasthan)
----Respondent
For Petitioner(s) : Dr. Sohan Lal Sharma
For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
16/01/2023
This writ petition has been filed by the petitioner with the
following prayer:-
"It is, therefore, most humbly prayed that
this Hon'ble Court be pleased to call for
record of respondent Jaipur Development
Authority, Jaipur pertaining to the case of
the humble petitioner, examining it in
detail further, this Hon'ble Court be pleased
to accept/allow the writ petition of the
humble petitioner and further be pleased
to:
I. Issue an appropriate writ, order or
directions thereby declaring the action of
the respondent JDA despite the petitioner
possessing patta duly issued by Gram
Panchayat over around 42 years ago, in
proceeding to demolish the kiosk/Dukaan
(Thadi) of petitioner, to be wholly illegal,
arbitrary, unreasonable, unjustified,
malafide & unconstitutional;
(2 of 3) [CW-13266/2022]
ii. By an appropriate writ, order or directions
to quash/ set aside the judgment dated
10.02.22 (Annexure-3) of learned JDA Tribunal
and the Notice dated 26.07.2022 (Ann-1)
issued by the JDA.
Iii. By an appropriate writ, order or directions
the respondents be directed to first, comply
with the instructions given by the learned JDA
Appellate Tribunal in its order dated
10.02.2022 (Ann-3) passed in the appeal of
petitioner; direct respondent JDA to forthwith
withdraw its illegal impugned notice dated
26.07.2022 (Ann.-1) and not to proceed for
demolishing kiosk of petitioner since the
petitioner since the petitioner is having Patta
for his House already duly allotted by Gram
Panchayat, Sanganer and Jda also 40-42 years
age; on the shop on the place given by Gram
Panchayat, Sanganer, petitioner is earining
livelihood since the year, 1980.
iv. By an appropriate writ, order or directions,
respondent JDA be directed to conduct survey
of MKB Colony, to look into the entire
documents/proof/record of petitioner,
examining it in view of patta already
possessed by petitioner & to issue survey
Number to his Kiosk.
v. By an appropriate writ, order or directions,
respondents be directed to ensure & convey
to the petitioner no coercive action in the garb
of the impugned notice dated 26.07.2022
(Annexrure-1) qua the petitioner for
demolishing his kiosks.
vi. Issue such other writ, order or directions as
may be deemed just and proper by Hon'ble
Court in the facts and circumstances of the
case and in favour of the humble petitioner;
vii. Issue such other writ, order or
directions thereby awarding cost of the writ
petition in favour of the humble
petitioner;"
Counsel for the petitioner submits that the appeal filed by
the petitioner was decided by the Jaipur Development Authority,
Appellate Tribunal (hereinafter to be referred as 'Tribunal') vide
order dated 10.02.2022 with a direction to the JDA to consider the
reply submitted by the petitioner and take final decision in this
matter. Counsel further submits that despite direction given by the
(3 of 3) [CW-13266/2022]
Tribunal, no final decision has been taken by the Officers of the
JDA in this matter.
I have perused the order dated 10.02.2022 passed by the
Tribunal.
Since, the Tribunal has directed the Officers of the JDA not to
take any coercive action against the petitioner without deciding
the objections submitted by the petitioner, therefore, I am not
inclined to exercise the jurisdiction of this court under Article 226
& 227 of the Constitution of India.
In that view of the matter, this writ petition stands
dismissed.
(INDERJEET SINGH),J
ANAND TANWAR /74
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