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2025 DAILYLAW 28079 (RAJ)

JAIPRAKASH RAMAWAT S/O BABULAL RAMAWAT v. STATE OF RAJASTHAN

CW/12917/2025 · 2025-09-16

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:37680] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12917/2025 1. Jaiprakash Ramawat S/o Babulal Ramawat, Aged About 41 Years, R/o Flat No. 1203, Sunshine Prime, Arjun Road, Mansarovar Extension, Dholai, Jaipur (Raj.). 2. Arun Kumar Sharma S/o Shri N.b. Sharma, Aged About 67 Years, R/o Ramteerth Marg, Mansarovar, Jaipur Presently R/o Flat No. 710, Sunshine Prime, Arjun Road, Mansarovar Extension, Dholai, Jaipur (Raj.). ----Petitioners Versus 1. State Of Rajasthan, Through The Principal Secretary, Department Of Agriculture, Government Of Rajasthan, Jaipur. 2. Directorate Of Agricultural Marketing, Through Its Director, Pant Krishi Bhawan, Jaipur. 3. Jaipur Development Authority, Through Its Commissioner, Jln Marg, Jaipur. ----Respondents For Petitioner(s) : Mr. Kuldeep Sharma For Respondent(s) : Mr. Ajay Gupta Mr. Harshvardhan Katara for Mr. Bharat Vyas, AAG HON'BLE MR. JUSTICE SAMEER JAIN Judgment 16/09/2025 1. The present petition is filed with the following prayers: "a) By issuance of suitable writ, direction or order in the nature thereof thereby the Hon'ble Court may kindly be pleased to quash and set-aside the letters dated 22.07.2025, 25.07.2025 and opening of Financial Bid dated 11.08.2025 wherein administrative ad financial approval has been granted by the Directorate of Agricultural Marketing for construction of Gate No. 2(A) in Mahatma Jyotiba Phoole Mandi Yard Samiti (F&V), Jaipur. [2025:RJ-JP:37680] (2 of 3) [CW-12917/2025] b) Issue a writ or Mandamus directing the respondents not to proceed with any construction activities related to Gate No. 2(A) pending a proper assessment and public consultation and without taking prior approval from the Deputy Commissioner of Police (Traffic) and Jaipur Development Authority. c) Direct the constitution of an expert committee under the supervision of the Court to assess the feasibility and public impact of the said construction. d) Any other appropriate order, which may be found just and proper in the facts and circumstances of the case, be passed in favour of the petitioner. e) Cost of the writ petition may also be awarded in favour of the petitioner." 2. Issue notices to the respondents. 3. Notices are accepted by Mr. Ajay Gupta and Mr. Harshvardhan Katara for Mr. Bharat Vyas, AAG, on behalf of the respondents. 4. Having heard the submissions made by the learned counsel for the parties and upon a perusal of the material available on record, this Court directs respondent No. 3- Zonal Head of JDA or the competent officer, so appointed by Commissioner, JDA and Commissioner of Police, Jaipur, to appoint an appropriate authority/officer, to adjudicate the contentions and address the plea of the of the respective parties. 5. Needful be done within a period of 30 days in light of the ratio encapsulated in Pawan Meena vs. State of Rajasthan & Ors. (SBCWP No. 1665/2024), by formation of Committee considering the traffic and other practical reasons, and pass appropriate orders on the representation filed within period of 15 days, from the date of formation of the said Committee. The said representation be adjudicated within a period of 30 days, thereafter. [2025:RJ-JP:37680] (3 of 3) [CW-12917/2025] 6. Appropriate representatives for the petitioner and respondents, may mark their presence to submit their contentions before the Committee. 7. Accordingly, present petition is disposed of. Pending applications, if any, shall also stand disposed. (SAMEER JAIN),J Pooja /30