SUPREME COURT OF INDIA
Surya Kant and Nongmeikapam Kotiswar Singh, JJ.
Ashapura Vikas Samiti And Another –Appellant
Versus
The State Of Rajasthan And Others – Respondent
Civil Appeal Nos. 4351-4354 of 2025 (Arising out of SLP(C) Nos. 30507-30510 of 2018)
Decided on : 25-03-2025
| Table of Content |
|---|
| 1. controversy over land ownership and acquisition. (Para 2 , 3 , 4 , 5 , 6) |
| 2. claims contesting the validity of land transfer. (Para 7 , 8) |
| 3. need for hearing all parties for proper adjudication. (Para 9 , 14) |
| 4. process for disposing of appeals and maintaining status quo. (Para 10 , 11 , 12) |
| 5. no merit opinion on the case; instructions for high court. (Para 15 , 16) |
| 6. disposal of applications alongside appeals. (Para 17 , 18) |
ORDER :
1. Leave granted.
2. Ashapura Vikas Samiti, a Housing Society, and one Pradeep Kumar Jain, claiming to be an office bearer of the aforesaid Society, are in appeal before us challenging the judgment and order dated 12.03.2018, passed by a Division Bench of the High Court of Judicature for Rajasthan, Bench at Jaipur, in DB Special Appeal Writ No. 373/2002 and connected matters, whereby the judgment of the learned Single Judge dated 20.03.2002, passed in S.B. Civil Writ Petition No. 2903/1994, was set aside and the matter was remitted to the learned Single Judge for a fresh adjudication of the above-stated Writ Petition.
3. The controversy revolves around a parcel of land situated in village Bhojpura, Tehsil and District Jaipur, Rajasthan, popularly known as 'Amroodan ka Bagh'. The subject land, measuring 48 bighas 2 biswas, falls within the municipal area of Jaipur City.
4. The appellants approached the High Court through a Writ Petition in which (i) the State of Rajasthan through the Secretary to the Government; (ii) the Secretary to the Government, Revenue Department; (iii) the Director, Land Conversion, Urban Development and Housing Department; and (iv) the Secretary, Jaipur Development Authority were impleaded as party respondents. The following reliefs were sought in the aforementioned Writ Petition:
'(a) to delete/remove the name of the land in question from the order dated 18-2-1994 of the State Government (Annexure No.12) and the public notice of the Jaipur Development Authority, Jaipur dated 22-3-1994 (Annexure No.13).
(b) to direct the respondents to regularise the land/plots in question belonging to the members of the petitioner samiti.
(c) to give all benefits to the members of the petitioner samiti as per the order dated 18-2-1994.
(d) any other writ, order or direction which your Lordships may deem proper to be passed in the interest of justice and to grant adequate relief to the petitioner samiti.'
5. The entire Writ Petition was based on the premise that an Agreement to Sell was entered into between Anand Bhawan Nirman Sahakari Samiti and Col. Bhawani Singh on 03.05.1975, and that possession of the land was handed over to the above-named Samiti. It was further averred that the Samiti chalked out a plan for development of the land into residential plots known as 'Ashapura Scheme'.
6. Since the State of Rajasthan acquired the land, the instant Writ Petition was filed wherein the learned Single Judge, after holding that the subject land was not under acquisition, declared the Writ Petitioner-Samiti as the owner in possession.
7. Against this judgment of the learned Single Judge, separate intra-court appeals were filed before the Division Bench by (i) the State of Rajasthan, (ii) the Administrator-cum-Receiver of the property of late His Highness Raja Man Singh (namely, Justice Surendra Kumar Mishra, a former Judge of the Delhi High Court, who had been appointed so by the Delhi High Court), (iii) Col. Bhawani Singh, s/o of late His Highness Man Singh, and (iv) the Jaipur Development Authority.
8. The precise claim of the Administrator-cum-Receiver of the properties of late Raja Man Singh as well as his son Col. Bhawani Singh was that there took place no valid transfer of the land in favour of the appellant-Society, and that their ownership rights have been adversely affected by the order of the learned Single Judge without being impleaded as party respondents.
9. It is in this backdrop that the Division Bench of the High Court, vide the impugned order dated 12.03.2018, set aside t
AI
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A writ of certiorari cannot be issued by one Bench of a High Court to another, requiring parties to pursue review instead in original proceedings.
Remedies as available under Articles 32 and 136 of Constitution are distinct and must be so availed in a given case.
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