CWP – 19874/2013

1

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JAIPUR BENCH, JAIPUR

S.B. CIVIL WRIT PETITION NO.19874/2013

PETITIONER :

L.B.L. Mathur S/o Shri R.B.L. Mathur, R/o 94, Gaurav Nagar, Civil

Lines, Jaipur.

VERSUS

RESPONDENTS :

1. Jaipur Development Authority Appellate Tribunal, Jaipur

through its Presiding Officer.

2. Jaipur Development Authority, through its Secretary,

Jawahar Lal Nehru Marg, Jaipur.

3. The Chief Executive Officer, Nagar Nigam, Jaipur.

4. Swastik Grah Nirman Sahakari Samiti Ltd. through its

Liquidator, Co-operative Deptt., Mini Secretariat, Banipark,

Jaipur.

5. Shri Mohammed Tariq Khan S/o Shri Mohammad Munir Khan,

Protocol officer, C/o Principal Secretary, General

Administration Deptt. Secretariat, Jaipur. Other Address :-

Khasra No.337, Opposite Loharu House, Civil Lines, Jaipur.

6. Rohit Poonia S/o Shri Bhagwan Singh, R/o 78, Hari Marg,

Civil Lines, Jaipur.

Date of Order : 03

rd November, 2016

CWP – 19874/2013

2

HON'BLE MR. JUSTICE M.N.BHANDARI

Ms.Ashish Joshi, for the petitioner/s.

BY THE COURT :

By this writ petition, a challenge is made to the order

dated 02^nd August, 2013 passed by the JDA Appellate Tribunal,

Jaipur (for short “Tribunal”) on a reference preferred by the

petitioner.

The case in hand has long checkered history about

representation and litigation in the hands of the petitioner. After

contesting the cases at various level, an allotment order was issued

in favour of the petitioner followed by Patta for a land measuring

229.87 square yard on 18^th August, 2006. It is against the alleged

Patta by the society for land measuring 304.4 square yard. The

petitioner did not challenged issuance of Patta for land measuring

229.87 square yard instead of 304.4 square yard by maintaining

appeal within 30 days from the date of issuance of Patta. A

reference was lately filed in the year 2009 alleging encroachment

of the land belonging to the petitioner. It was alleged that

neighbours have encroached the land of each others, which

includes, even land belonging to the road and, in doing so, have

further encroached land of the petitioner from back as well as

front side.

CWP – 19874/2013

3

The petitioner preferred a suit against respondent

Nos.4 and is still pending consideration before the civil court.

Since, the Jaipur Development Authority (JDA) defaulted in

removing encroachment, a reference was preferred before the

Tribunal, however, it was dismissed on the ground of delay and

after considering the facts of the case. The Tribunal found that

allotment of land by the society may be of 304.73 square yard but

was finally approved by the JDA for 273 square yard. As against

the aforesaid, Patta was given for the land measuring 229.87

square yard. The remaining land is encroached by the respondent

Nos.4 and 5 apart from others.

The petitioner even approached the High Court in the

year 2009 by maintaining a writ petition bearing SB Civil Writ

Petition No.11211/2009. The said writ petition was dismissed on its

withdrawal with liberty to file a reference before the Tribunal.

The Tribunal found that even the parties, alleged to have made

encroachment, are not before it and, otherwise, reference was

filed with delay. A case for non-joinder of necessary party as well

as mis-joinder was also found therein. The main allegation was

regarding encroachment of land by others, but, those persons were

not impleaded before the Tribunal. It was alleged that house has

been constructed by the neighbours by shifting it by 13.5 ft. A

CWP – 19874/2013

4

civil litigation in that regard is pending consideration against the

respondent No.4. The Tribunal has referred about its dismissal,

however, learned counsel for the petitioner submitted that civil

suit is still pending before the Court.

I find no illegality in the order passed by the Tribunal.

The cause of action arose to the petitioner even before issuance

of Patta