HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Second Appeal No. 52/2021

Anjani Kumar Khatod S/o Late Shri Ramsahay Ji Khatod, R/o

House No. 827 Jat Ke Kue Ka Rasta Maliram Singh Ki Gali,

Chandpole Bazar Jaipur Raj.

----Appellant

Versus

1.

Rajasthan State Industrial Development And Investment

Corporation Limited, Udyog Bhawan, Tilak Marg Jaipur

Through Managing Director.

2.

Rajasthan State Industrial Development And Investment

Corporation Ltd., Road No. 5, Vishvkarma Industrial Area

Jaipur Through Senior Regional Manager.

3.

Rajasthan State Industries Development And Investment

Corporation Ltd, Committee Ii Sadasya Udhyog Bhawan

Tilak Marg, Jaipur Through Comprisingorcgm (U)

4.

Rajasthan State Industries Development And Investment

Corporation Ltd., Udhyog Bhawan Tilak Marg, Jaipur

Through Committee Ii Sadasya Cgm(P)

5.

Rajasthan State Industrial Development And Investment

Corporation Ltd., Udhyog Bhawan Tilak Marg, Jaipur

Through Committee Ii Sadasya Advisor (Inera)

6.

Rajasthan State Industrial Development And Investment

Corporation Ltd., Udhyog Bhawan Tilak Marg Jaipur

Through Committee Ii Sadasya Advisor (A And M)

7.

Rajasthan State Industrial Development And Investment

Corporation Ltd., Udhyog Bhawan Tilak Marg Jaipur

Through Committee Ii Sadasya Fa (Convenor)

8.

Rajasthan State Industrial Development And Investment

Corporation Ltd., Udhyog Bhawan Tilak Marg, Jaipur

Through Committee Ii Sadasya Gm (M)

9.

Rajasthan State Industrial Development And Investment

Corporation Ltd., Ughyog Bhawan Tilak Marg Jaipur

Through Committee Ii Sadasya Company Secretary

10.

Rajasthan State Industrial Development And Investment

Corporation Ltd., Udhyog Bhawan Tilak Marg, Jaipur

Through Committee Ii Chairman Cmd.

----Respondents

(2 of 10)

[CSA-52/2021]

For Appellant(s)

:

Mr. Anjani Kumar Khatod, appellant

present in person

For Respondent(s)

:

HON'BLE MR. JUSTICE SUDESH BANSAL

Judgment

Reserved On:

1 ^st July, 2022

Pronounced On:-

5 ^th July, 2022

1.

Appellant-plaintiff has preferred this second appeal under

Section 100 of CPC assailing the judgment and decree dated

29.01.2021 passed in Civil First Appeal No.03/2020 by the Court

of Additional District & Sessions Judge No.2, Jaipur Metropolitan

Jaipur affirming the judgment and decree dated 11.09.2020

passed in Civil Suit No.245/2011 by the Court of Civil Judge and

Metropolitan Magistrate (East) Jaipur Metropolitan-I whereby and

whereunder the civil suit for permanent injunction of appellant has

been dismissed on merits.

2.

Heard the appellant present in person and peruse the record.

3.

It appears from perusal of the record that appellant

instituted simpliciter suit for permanent injunction on 13.06.2011

alleging inter alia that residential plot No.C-142 at Road No.1-D,

Housing Colony, Vishwakarma Industrial Area Jaipur measuring

120 Sq. meters was allotted by the Rajasthan State Industrial

Development Investment Corporation Ltd. (for short, “RIICO”)

vide allotment letter dated 27.12.2001. The plaintiff alleged to

deposit registration amount of Rs.24,000/- and alleged that he is

in possession of the allotted plot, the RIICO is demanding the

interest on the balance amount as well as the development

charges whereas plaintiff has moved an application for waiving of

the interest amount and development charges and ready to pay

(3 of 10)

[CSA-52/2021]

the principal amount. It was averred that without deciding his

application for waiver of interest and development charges and

despite of willingness to pay the balance amount for allotment of

plot, the RIICO is inclined to dispossess the plaintiff.

4.

Following prayer in the form of permanent injunction has

been prayed for:-

“(25) यह की वादी की यह पाराथना हा कक दावा वादी कवरुद

प क प्रतिवादीगण गण बागण ब प्रति बत सरायी कथनषयनिषेधाषेधाजा ज्ञा पागण बद ककया किया जावय क