Kalli And Ors vs J D A And Anr
2023 Latest Caselaw 779 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 12290/2018

Kalli and Ors.
                                                                  ----Petitioners
                                   Versus
J D A and Anr.
                                                                ----Respondents

For Petitioner(s)         :    Mr. H.R. Kumawat
For Respondent(s)         :    Mr. Amit Kuri
                               Mr. Namo Narayan Sharma

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

24/01/2023

In pursuance of direction of this Court dated 17.01.2023, the

respondent-JDA has filed an affidavit of Shri Harphool Pankaj,

Deputy Commissioner (Zone-14), Jaipur Development Authority,

Jaipur.

As per the affidavit, the petitioners were not afforded any

opportunity of hearing before rejecting their reply to the notice

dated 16.08.2017 as mandated by the learned Appellate Tribunal,

Jaipur (for brevity "the learned Tribunal") vide its judgment dated

22.08.2017. Therefore, it is apparent that the impugned action of

demolition has been carried out by the respondent-JDA in gross

violation not only of the principles of natural justice; but, of the

direction issued by the learned Tribunal vide its judgment dated

22.08.2017 in Appeal No.558/2017 too.

In view thereof, the Secretary, Jaipur Development Authority,

Jaipur is directed to file his affidavit as to why without complying

with the direction issued by the learned Tribunal vide its judgment

(2 of 2) [CW-12290/2018]

dated 22.08.2017 in Appeal No.558/2017, action was taken

against the petitioner as also the action proposed to be taken

against the erring official(s). Affidavit be filed within seven days.

List the matter on 03.02.2023 as prayed.

Learned counsel for the respondent No.2 prays for

withdrawal of the application No.1/2019 with liberty to file a fresh

application.

The application is dismissed with liberty as aforesaid.

(MAHENDAR KUMAR GOYAL),J

Manish/42

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