CW 10237/07

//1//

In the High Court of Judicature for Rajasthan

Jaipur Bench

**

Civil Writ Petition No.10237/2007

Jaipur Development Authority Versus

JDA Tribunal, Surendra Jain & Others.

Date of Order ::: 18/05/09

Hon'ble Mr. Justice Ajay Rastogi

Mr. Arvind Kr. Gupta )

Mr. Rinesh Gupta ) for petitioner

Instant petition has been filed by Jaipur

Development Authority (“JDA”) assailing order

dt.11/05/2004 (Ann.2) whereby JDA Tribunal

directed that in terms of the Award passed by

Deputy Registrar, Co-operative Societies in

favour of respondent NO.2 (Surinder Jain), plot

NO.146, New Sanganer Bye-Pass Jaipur may be

allotted by JDA.

It appears from the record that

respondent NO.2 initially raised a dispute

against society (respondent NO.3) before Deputy

Registrar, Co-operative Societies under Rajasthan

Co-operative Societies Act, 2001 and after

examining the material, Deputy Registrar passed

an Award – in terms whereof, plot in question was

to be allotted to him who was entitled for

issuance of patta whereof. This Award of the Dy.

Registrar

Co-operative

Societies

attained

finality. But petitioner JDA since failed to

passed order of allotment and issue Patta in

CW 10237/07

//2//

terms of Award, dispute was raised by respondent

NO.2 U/s 83 of the Act by way of appeal before

JDA Tribunal, where petitioner JDA filed its

reply and only fact stated therein was that as

per the scheme submitted by Housing Society

(respondent NO.5) after it was approved, pattas

were allotted to respective allottees.

However, there was no dispute with regard

to jurisdiction in entertaining appeal preferred

by respondent NO.2. Since Award passed by Deputy

Registrar

Co-operative

Societies

attained

finality and respondent NO.2 became legally

entitled for allotment of plot; accordingly the

Tribunal directed the JDA to allot plot in his

favour in terms of Award in question which

attained finality.

Counsel submits that such dispute could

not have been entertained which was beyond the

scope of S.83 of the JDA Act. Suffice it to say

that no such objection was ever raised by

petitioner JDA before the Tribunal in regard to

its jurisdiction in entertaining such appeals.

That apart, once respondent NO.2 became entitled

for allotment of plot in question in terms of the

Award passed by Deputy Registrar Co-operative

Societies, which attained finality, the JDA was

under legal obligation to issue patta in his

CW 10237/07

//3//

favour in terms of the Award and in fact

respondent NO.2 who was to be allotted patta of

the plot in question was unnecessarily dragged by

the authority to invoke section 83 of the JDA Act

filing appeal before Tribunal. There is no

manifest error apparent on the face of record in

the finding recorded by JDA Tribunal which may

call for interference in the order impugned.

Consequently, writ petition fails and is

hereby dismissed.

(Ajay Rastogi), J.

K.Khatri/p.3/10237CW07May18Ds.doc