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2025 DAILYLAW 28789 (RAJ)

SMT SAMPATI DEVI WIFE OF LATE SHRI BUDDHA SINGH RAWAT v. AJMER DEVELOPMENT AUTHORITY

CW/12847/2025 · 2025-08-27

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:34089] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.12847/2025 Smt Sampati Devi Wife Of Late Shri Buddha Singh Rawat, Aged About 56 Years, Resident Of Opposite Madarsa, Ratidang, Nosar, Ajmer. ----Petitioner Versus 1. Ajmer Development Authority, Ajmer Through Its Commissioner. 2. The Authorized Officer (North), Ajmer Development Authority, Ajmer. ----Respondents For Petitioner(s) : Mr. Siyaram Sharma Ms. Nisha Shekhawat Ms. Gayatri Sharma Mr. Dinesh Jat JUSTICE ANOOP KUMAR DHAND Order 27/08/2025 1. Aggrieved by the impugned notice dated 12.08.2025 issued by Ajmer Development Authority, Ajmer, (for short “ADA”), the instant writ petition has been preferred. 2. By way of issuing aforesaid notice under Section 67 of the Ajmer Development Authority Act, 2013 (for short “the Act of 2013”), the petitioner has been called upon to remove her encroachment from the subject land. 3. Learned counsel for the petitioner submits that the petitioner has not encroached upon the subject land rather she is in possession of the same since last more than 15 years. Learned counsel submits that an application has already been submitted by [2025:RJ-JP:34089] (2 of 2) [CW-12847/2025] the petitioner in the year 2013 with the ADA seeking regularisation of her possession on the subject land, but without doing the needful, the respondents are bent upon to dispossess the petitioner from the aforesaid land, hence, interference of this Court is warranted. 4. Heard and considered the submissions made at the Bar and perused the material available on the record. 5. This Court is not going to examine the disputed question of fact as to whether the petitioner is in valid possession or in illegal occupation of the subject land? 6. But looking to the fact that reply to the aforesaid notice has already been submitted by the petitioner, it is expected from the respondents to decide the same strictly in accordance with law, expeditiously as early as possible, preferable within a period of four weeks from today. 7. For a period of four weeks, no coercive action be taken against the petitioner. 8. Accordingly, the writ petition stands disposed of. Stay application as well as all applications (pending, if any) also stand disposed of. 9. Needless to observe, in case, any adverse order is passed against the petitioner, she would be at liberty to approach appropriate forum of law for redressal of her grievances. (ANOOP KUMAR DHAND),J Karan/57