[2025:RJ-JP:34029] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11639/2025 St. Luke Methodist Church, Madar, Ajmer Through Julious Clement Son Of Shri Christopher Clement, Aged 62 Years - Chairperson, Committee On Property Under Pastoral Charge And Resident Of 99, H.b. Naka Madar, Ajmer. ----Petitioner Versus 1. State Of Rajasthan, Through The Secretary To The Government, Department Of Urban Development And Housing, Secretariat, Jaipur. 2. Ajmer Development Authority, Todarmal Marg, Ajmer Through Its Commissioner. ----Respondents For Petitioner(s) : Mr. Ashish Kishore Saksena with Mr. Harshit Mittal For Respondent(s) : Mr. Ajay Singh with Mr. Naman Sirvi HON'BLE MR. JUSTICE SAMEER JAIN Judgment 27/08/2025 1. The present petition is filed being aggrieved of the impugned notice dated 13.02.2025 (Annexure-9) issued by Ajmer Development Authority under the provisions of Section 67 of Ajmer Development Authority Act, 2013. 2. Learned counsel for the petitioner has submitted that the petitioner is a minority institute created under Article 22-30 of the Constitution of India. It is further submitted that petitioners are in possession of the land in question since 1947 and at that relevant time after taking NOC from the concerned authority i.e. Collector, registered documents were executed. [2025:RJ-JP:34029] (2 of 2) [CW-11639/2025] 3. Additionally, it is submitted that prior to execution of the sale deed dated 03.05.1947, possession was taken wherein a church/ hospital was there and created a boundary at their land. It is further submitted that Ajmer Development Authority and Tribunal are incorporated for dealing with the said type of issues. 4. It is further submitted that the petitioner being remediless as appropriate authority like Ajmer Tribunal is not functional on account of vacant seats. 5. Learned counsel for the respondents has not refuted the above said contentions of the learned counsel for the petitioner. 6. Considering the foregoing facts and circumstances of the case and that once a statutory remedy is available with the petitioner i.e. of Tribunal, however, the same is not functional due to vacant seat. Therefore, this Court directs the petitioner to prefer an appeal before the Commissioner, Ajmer, who shall registered the said appeal and whenever Tribunal, Ajmer is created the said appeal/ petition be placed before the said Tribunal, who shall adjudicate the same, pronto. 7. It is made clear that till the appeal filed by the petitioner before the Commissioner, Ajmer/Tribunal, Ajmer is adjudicated, effect and operation of letter dated 13.02.2025 shall remain stayed. 8. In light of the above, the present petition is disposed of. Pending applications, if any, shall stand disposed. (SAMEER JAIN),J DEEPAK/55