2026 Supreme(Online)(Raj) 10169
[2026:RJ-JP:12177]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 16660/2025
Prem Sagar Colonizers Pvt. Ltd., Registered Office At 373, Lane No. 1, Rajapark, Jaipur, Rajasthan Through Director Shri Vijay Kumar Vadhvani S/o Shri Kishanchand Vadhvani, Aged About 42 Years, R/o, 6-B, Kanwar Nagar, Jaipur, Presently Residing At Plot No. 775, Ashok Chowk, Adarsh Nagar, Jaipur, Rajasthan.----Petitioner Versus
1. Jaipur Development Authority, Jaipur, Through Commissioner, Office At Jawaharlal Nehru Marg, Indira Circle, Pt. Ramkishore Vyas Bhawan.
2. Jaipur Development Authority Jaipur, Through Deputy Commissioner Zone 9, Jawaharlal Nehru Marg, Indira Circle, Pt. Ramkishore Vyas Bhawan.
3. Prakash Chand S/o Shri Badrinarayan, R/o Village Mahal, Tehsil Sanganer, District Jaipur, Rajasthan.
4. Smt. Nangi Devi W/o Shri Badrinarayan, R/o Village Mahal, Tehsil Sanganer, District Jaipur, Rajasthan.
5. Rekha D/o Late Shri Jagdishnarayan, W/o Shri Mahesh, R/o Kadiwalo Ki Dhani, Behind Anaj Mandi, Bassi, District Jaipur, Rajasthan.
6. Sangeeta D/o Late Shri Jagdishnarayan, W/o Shri Kapil, R/o Kadiwalo Ki Dhani, Behind Anaj Mandi, Bassi, District Jaipur, Rajasthan.----Respondents
For Petitioner(s) : Mr. Punit Singhvi assisted by Mr. Tapesh S. Parmar, Ms. Suhani Singh, Mr. Naman Dadhich & Ms.Chhaya Sharma
For Respondent(s) : Mr. Ramcharan Sharma for respondent No.3 and 4 Mr. Ashok Sharma for respondent No.5 & 6 Mr. Amit Kuri for JDA
HON'BLE MR. JUSTICE GANESH RAM MEENA
23/03/2026
(GANESH RAM MEENA)
J Ashish Kumar /303
Order
1. The instant writ petition has been filed by the petitioner with a challenge to the order dated 28.10.2025 passed by the learned Appellate Tribunal, Jaipur Development Authority, Jaipur (in short "the Appellate Tribunal") in Appeal No.1009/2025 titled "Prem Sagar Colonizers Pvt. Ltd. Vs. Jaipur Development Authority" whereby, prayer of the petitioner for interim relief during pedency of the appeal was rejected.
2. Learned counsel for the petitioner submits that the petitioner has purchased the land-in-question from the khatedar by an agreement to sale and now the respondent-Jaipur Development Authority is in process for issuing the lease deed of the land-in- question in favour of the respondents No.3 to 6. Against the action of the respondent-Jaipur Development Authority for proceeding of issuing the lease deed in favour of the respondents No.3 to 6, the petitioner has preferred an appeal before the learned Appellate Tribunal and so also an application for interim relief.
3. Learned counsel further submits that in case the respondent- Jaipur Development Authority is allowed to give lease deed to the private respondents, the whole purpose of filing appeal would be frustrated and in case the petitioner succeeds in the appeal, he would not be able to get the actual relief as prayed in the appeal.
4. Learned counsel further submits that in the aforesaid facts the order of learned Tribunal rejecting the prayer for interim relief of the petitioner is unjustified and may lead to serious complications.
5. Mr. Amit Kuri, learned counsel for JDA on instructions of this Court after having complete instructions from the authorities submits that the Jaipur Development Authority does not recognize the petitioner being having any right over the land-in-question in any manner.
6. Mr. Ramcharan Sharma, learned counsel appearing for the respondents No.3 and 4 and Mr. Ashok Sharma, learned counsel appearing for the respondents No.5 and 6 (khatedar) also oppose the prayer made by the petitioner for interim relief during pendency of the appeal before the Appellate Tribunal.
7. Taking into consideration overall facts and circumstances of the case and more particularly the fact that the complications which may arose, in case the petitioner succeeds in the appeal, the actual relief may not be granted at the final stage if the prayer for interim relief is not accepted, the Court feels that it would be interest of all the parties to direct the Appellate Tribunal to proceed with the appeal expeditiously.
8. Accordingly, the present writ petition is disposed of with a direction to the Appellate Tribunal to proceed with the appeal No.1009/2025 titled "Prem Sagar Colonizers Pvt. Ltd. Vs. Jaipur Development Authority & Ors." expeditiously and the same be disposed of as early as possible, preferably within a period of two months from the date of submitting certified copy of this order.
9. Till disposal of the appeal, both the parties shall maintain status-quo as regards the possession and record of the land-in-question.
10. It is made clear that this order will in no manner influence the Tribunal in taking decision on the appeal.
11. In view of the order passed in the main petition, the stay application as well as pending application, if any, also stands disposed of.