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MAHENDAR KUMAR GOYAL
Ravi Prakash Kuchhal – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
1. This writ petition has been filed assailing the legality and validity of the notice dated 27.10.2021 issued by the respondent- Jaipur Development Authority under Section 72 of the Jaipur Development Authority, 1982 (for brevity, 'the Act of 1982').
2. Learned counsel for the petitioner contended that land alleged to be under encroachment being part of 200 Ft. wide road on which he has raised construction of Lions Paradise Garden, is his private land as already held by the District Collector, Jaipur vide its judgment dated 07.12.2015 in an appeal under Section 75 of the Rajasthan Land Revenue Act, 1976. He, therefore, prays that the notice impugned dated 27.10.2021 be quashed.
3. With regard to maintainability of the writ petition despite having an efficacious and alternative statutory remedy of appeal under Section 83 of the Act of 1982, learned counsel submitted that there is no absolute bar of entertaining the writ petition. He, in this regard, relied upon a judgment of Hon'ble Apex Court in the case of Commissioner of Income Tax & Ors. v. Chhabil Dass Agarwal: (2014) 1 SCC 603 and a Coordinate bench judgment of this Court in case of Chhotu Ram & Another v. State of Raja
The main legal point established in the judgment is that where a complete machinery/remedy for obtaining relief is provided in statute and such machinery and remedy fully covers the grievance of the ....
The jurisdiction to challenge actions of the Jaipur Development Authority under the Jaipur Development Authority Act, 1982, is maintainable under Article 227 of the Constitution, not Article 226.
The court emphasized the importance of adhering to the principles of natural justice, including providing a reasonable opportunity of hearing and disclosing the material being used against the affect....
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