HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 13266/2022

Mohammed Azad S/o Shri Mohammed Ramjani, Aged About 52

Years, R/o Manoharpura Kachchi Basti, Jagatpura Road, Jaipur

(Raj.)

----Petitioner

Versus

The Jaipur Development Authority, Through Its Secretary, J.l.n.

Marg, Jaipur (Rajasthan)

----Respondent

For Petitioner(s)

:

Dr. Sohan Lal Sharma

For Respondent(s)

:

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

16/01/2023

This writ petition has been filed by the petitioner with the

following prayer:-

“It is, therefore, most humbly prayed that

this Hon’ble Court be pleased to call for

record of respondent Jaipur Development

Authority, Jaipur pertaining to the case of

the humble petitioner, examining it in

detail further, this Hon’ble Court be pleased

to accept/allow the writ petition of the

humble petitioner and further be pleased

to:

I. Issue an appropriate writ, order or

directions thereby declaring the action of

the respondent JDA despite the petitioner

possessing patta duly issued by Gram

Panchayat over around 42 years ago, in

proceeding to demolish the kiosk/Dukaan

(Thadi) of petitioner, to be wholly illegal,

arbitrary,

unreasonable,

unjustified,

malafide & unconstitutional;

(2 of 3)

[CW-13266/2022]

ii. By an appropriate writ, order or directions

to quash/ set aside the judgment dated

10.02.22 (Annexure-3) of learned JDA Tribunal

and the Notice dated 26.07.2022 (Ann-1)

issued by the JDA.

Iii. By an appropriate writ, order or directions

the respondents be directed to first, comply

with the instructions given by the learned JDA

Appellate Tribunal in its order dated

10.02.2022 (Ann-3) passed in the appeal of

petitioner; direct respondent JDA to forthwith

withdraw its illegal impugned notice dated

26.07.2022 (Ann.-1) and not to proceed for

demolishing kiosk of petitioner since the

petitioner since the petitioner is having Patta

for his House already duly allotted by Gram

Panchayat, Sanganer and Jda also 40-42 years

age; on the shop on the place given by Gram

Panchayat, Sanganer, petitioner is earining

livelihood since the year, 1980.

iv. By an appropriate writ, order or directions,

respondent JDA be directed to conduct survey

of MKB Colony, to look into the entire

documents/proof/record

of

petitioner,

examining it in view of patta already

possessed by petitioner & to issue survey

Number to his Kiosk.

v. By an appropriate writ, order or directions,

respondents be directed to ensure & convey

to the petitioner no coercive action in the garb

of the impugned notice dated 26.07.2022

(Annexrure-1) qua the petitioner for

demolishing his kiosks.

vi. Issue such other writ, order or directions as

may be deemed just and proper by Hon’ble

Court in the facts and circumstances of the

case and in favour of the humble petitioner;

vii. Issue such other writ, order or

directions thereby awarding cost of the writ

petition in favour of the humble

petitioner;”

Counsel for the petitioner submits that the appeal filed by

the petitioner was decided by the Jaipur Development Authority,

Appellate Tribunal (hereinafter to be referred as ‘Tribunal’) vide

order dated 10.02.2022 with a direction to the JDA to consider the

reply submitted by the petitioner and take final decision in this

matter. Counsel further submits that despite direction given by the

(3 of 3)

[CW-13266/2022]

Tribunal, no final decision has been taken by the Officers of the

JDA in this matter.

I have perused the order dated 10.02.2022 passed by the

Tribunal.

Since, the Tribunal has directed the Officers of the JDA not to

take any coercive action against the petitioner without deciding

the objections submitted by the petitioner, therefore, I am not

inclined to exercise the jurisdiction of this court under Article 226

& 227 of the Constitution of India.

In that view of the matter, this writ petition