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HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 14321/2023

Bhuvnesh Sharma Son Of Shri Ram Dayal Sharma, Aged About

50 Years, Resident Of Plot No. 30, Shanti Path, Gopalpura,

Triveni Nagar, Jaipur

----Petitioner

Versus

1.

State Of Rajasthan, Through Principal Secretary, Urban

Development And Housing Department Government

Secretariat, Near Statue Circle, Jaipur (Raj.)

2.

Jaipur Development Authority, Through Its Commissiner,

Jawahar Lal Nehru Marg, Indira Circle, Jaipur.

3.

Deputy Commissinoer, Prn (South-First) Jaipur

Development Authority, Jaipur.

4.

Topkhana Desh Grah Nirman Sahakari Samiti, Through Its

Secretary, D-239, Bihari Marg, Banipark, Jaipur.

----Respondents

For Petitioner(s)

:

Mr. Manoj Kumar Bhardwaj.

For Respondent(s)

:

Mr. Rajendra Prasad, Senior Counsel

assisted by Mr. Kapil Gupta.

Mr. R.N. Mathur, Senior Counsel

assisted by Mr. Ashok Sharma.

Mr. Amit Kuri.

Mr. Dharma Ram.

Mr. S.R. Sharma.

Mr. Gajendra Singh Rathore.

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

05/10/2023

Applications for impleading the applicants as intervenors are

allowed.

This writ petition has been filed by the petitioner with the

following prayer:-

“It is, therefore, most respectfully prayed

that your lordship may graciously be

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pleased to admit and allow this Writ

petition and -

(a) by way of writ, order or directions the

respondents may kindly be directed to

demark the plot No. A-65 in Gautam Vihar

“ Madhuvan” Scheme of Topkhana Desh

Grah Nirman Sahakari Samiti of the

petitioner and further it may kindly be

directed to Jaipur Development Authority

to issue the Patta / lease deed in favour

petitioner.

(c) Any other order or direction which this

Hon’ble Court may deem fit, just and

proper in the facts and circumstances of

the case may also be passed in favour of

the petitioner.”

Grievance of the petitioner is that the respondent No.4 is not

demarcating the plots in view of the letter dated 30.03.2022

issued by the Jaipur Development Authority. Counsel further

submits that on the one hand the JDA directed the respondent

No.4 to demarcate the plots with regard to scheme i.e. Gautam

Vihar Extension (Madubandh) and on the other hand the officials

of the JDA are not allowing the respondent No.4 to demarcate the

plots of their scheme.

Mr. Rajendra Prasad, Senior Counsel appearing on behalf of

the respondent No.4 submits that the sale deed for the land in

dispute has been executed in favour of the respondent No.4

through court order as the decree was passed in their favour.

Mr. R.N. Mathur, Senior Counsel appearing on behalf of the

applicant-Intervenor submits that the land in dispute is still in

possession of the khatedars.

Mr. Gajendra Singh Rathore, Adv., appearing on behalf of the

applicant-Intervenor submits that they are in possession of the

land in dispute.

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Counsel for the respondent-JDA submits that the award has

been passed by the Land Acquisition Officer in favour of the JDA

and the land in dispute is still lying vacant. He further submits that

the Jaipur Development Authority has lodged the FIR against the

respondent No.4.

Heard and perused the material available on record.

Considering the submissions made by the all the parties and

also considering the record more particularly the order dated

30.03.2022 passed by the Jaipur Development Authority, I dispose

of this writ petition with direction to the respondent No.4 to

comply with the order dated 30.03.2022 passed by the Jaipur

Development Authority.

The Jaipur Development Authority is directed not to obstruct

the respondent No.4 in making the demarcation of plots as per the

directions issued by them vide its letter/order dated 30.03.2022.

Hence, this writ petition stands disposed of.

(INDERJEET SINGH),J

MG/473