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2025 DAILYLAW 11043 (RAJ)

DEEPAK SINGHAL S/O SHRI KALYAN PRASAD SINGHAL v. JAIPUR DEVELOPMENT AUTHORITY

CW/4165/2025 · 2025-04-21

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:16686] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4165/2025 Deepak Singhal S/o Shri Kalyan Prasad Singhal, Aged About 54 Years, R/o 49, Patel Nagar, 22 Godam, Jaipur ----Petitioner Versus 1. Jaipur Development Authority, Through Secretary, Indira Circle, Jawahar Lal Nehru Marg, Jaipur. 2. Sanchit Tamra S/o Late Shir Subeer Singh Tamra, Aged About 41 Years, R/o Tamra Garden, Durgapura, Tonk Road, Jaipur. ----Respondents For Petitioner(s) : Mr. Sandeep Pathak For Respondent(s) : Mr. J.P. Goyal Sr. Adv. with Mr. Vaibhav Nirmal Mr. Sanchit Tamra Mr. Rahul Kamwar HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 21/04/2025 1. Learned counsel for the petitioner submits that present writ petition has been filed against order dated 12.02.2025 passed by Appellate Tribunal, JDA Jaipur restraining the petitioner from raising construction of his house and maintaining status quo till next date of hearing. 2. Learned counsel for the petitioner submits that in para 13 of the order dated 15.01.2025, while disposing the application under Section 5 of the Limitation Act, the Tribunal observed that question regarding maintainability of the appeal filed by the respondent No.2/appellant would be decided only after reply of the JDA and for this reason, matter was posted to next date. On [2025:RJ-JP:16686] (2 of 2) [CW-4165/2025] 05.02.2025, judgment was reserved and matter was posted for 12.02.2025 for pronouncement of judgment but on 12.02.2025, matter was deferred for summoning some record. 2. Learned counsel for the petitioner submits in view of the aforesaid factual position, without arguing the instant writ petition on merits, he seeks permission to withdraw this writ petition. He however, seeks direction for the Appellate Tribunal, Jaipur Development Authority for expeditious disposal of appeal filed by respondent No.2. 3. Considering the submissions made by learned counsel for the petitioner and nature of dispute as also taking note of the fact that that judgment of appeal was reserved on 05.02.2025 and appeal was posted for decision on 12.02.2025 but on that day, it was deferred for summoning for some record, I deem it just and proper to direct the Appellate Tribunal, Jaipur Development Authority, Jaipur to decide the appeal filed by the respondent expeditiously within a period of one month from the date of receipt of certified copy of this order. 4. With direction and observation aforesaid, the writ petition is disposed of. Pending application(s), if any, stands disposed of. (ANIL KUMAR UPMAN),J SOURAV /71