HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 764/2025 Ravindra Kumar ----Petitioner Versus State Of Rajasthan ----Respondent Connected With

1. S.B. Criminal Misc(pet.) No. 4013/2024 2. S.B. Criminal Misc(pet.) No. 4071/2024 3. S.B. Criminal Misc(pet.) No. 4078/2024 4. S.B. Criminal Misc(pet.) No. 4081/2024 5. S.B. Criminal Misc(pet.) No. 1356/2025 For Petitioner(s) : Mr. Gopal Sandhu Mr. S.K. Bhati Mr. Bharat Saraswat Mr. Sachin Saraswat For Respondent(s) : Mr. Vikram Rajpurohit, Dy.G.A. with Mr. R.S. Bhati Ms. Shimla, SHO, P.S. Kudi Bhagtasani HON'BLE MR. JUSTICE FARJAND ALI

Order

10/03/2025

1. Shri Gopal Sandhu, learned counsel for the petitioner, vehemently contends that the condition of the aggrieved flat/apartment/villa remains identical to the representation made in the promotional brochure issued by the society at the time of advertisement, which was intended to induce prospective buyers to purchase the plots.

2. Learned counsel for the complainant strenuously refutes the assertions advanced on behalf of the accused and argues that the complainant, along with several others, has been victimized, having fallen prey to fraudulent misrepresentations perpetrated by the builder and developer. Despite the lapse of a decade, neither have the villas been completed in accordance with the agreed specifications nor have the promised amenities been provided. According to him, multiple deficiencies were even identified by the authorities during the patta issuance process; however, notwithstanding these discrepancies, the Jodhpur Development Authority proceeded to grant pattas in a haphazard manner on 13.02.2015. The manner in which the pattas were issued casts serious aspersions on the integrity of the process. Being a constitutional court, this Court bears a solemn duty to ensure that the general public is not subjected to deception at the hands of influential and unscrupulous individuals.

3. In order to ascertain the precise condition of the disputed property, this Court deems it appropriate to appoint a Commissioner. Accordingly, the Chief Judicial Magistrate, Jodhpur Metro, is directed to conduct an inspection of the subject property. A date for the said inspection shall be determined and duly communicated to the accused- petitioners and the complainant. The officers of the Jodhpur Development Authority shall also be apprised to extend necessary assistance. The Chief Judicial Magistrate is expected to peruse the contents of the FIR, the representations made in the publicly advertised brochure concerning the sale of the property, and thereafter assess the actual physical condition of the premises. A comparative analysis shall be undertaken, and the inspection shall be documented through color photographs and videography for this Court’s scrutiny. The SHO, P.S. Kudi Bhagtasani, and the concerned ACP shall provide requisite assistance to the Chief Judicial Magistrate in effectuating this process. A detailed and comprehensive report delineating the present physical condition of the property, along with specific deficiencies, shall be prepared and submitted before this Court in a sealed envelope.

4. List the matter for further consideration on 07.04.2025.

5. Shri S.K. Bhati, learned counsel appearing on behalf of the petitioner, is granted liberty to furnish affidavits from other affected consumers who have raised similar grievances regarding the breach of contractual conditions.

6. Any interim order passed in the matter shall continue to remain in operation until the next date of hearing.

(FARJAND ALI),J

253-258.Samvedana/-