2023 Supreme(Online)(RAJ) 17939
HIGH COURT BENCH AT JAIPUR
SHAILESH BANSAL SON OF SHRI NARESH BANSAL – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW 14324 2023
[2023:RJ-JP:27223]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 14324/2023
Shailesh Bansal Son Of Shri Naresh Bansal, Aged About 48
Years, Resident Of 19, Arvind Nagar, Cbi Colony, Jagatpura,
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. Dharmendra Kumar for Mr. Kapil
Gupta.
Mr. Dharma Ram for Mr. Amit Kuri.
Mr. Ashok Sharma.
Mr. Gajendra Singh Rathore.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
06/10/2023
Applications for impleading the applicants as intervenors are
allowed
Counsel for the petitioner submits that the issue involved in
this writ petition has been considered and decided by this court in
the matter of Bhuvnesh Sharma Vs. State of Rajasthan & Ors.
[2023:RJ-JP:27223]
(2 of 3)
[CW-14324/2023]
(S.B. Civil Writ Petition No.14321/2023) decided on 05.10.2023,
wherein the following order was passed:-
“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
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.
[2023:RJ-JP:27223]
(3 of 3)
[CW-14324/2023]
Mr. Gajendra Singh Rathore, Adv.,
appearing on behalf of the applicant-
Intervenor submits that they are in
possession of the land in dispute.
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