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2025 DAILYLAW 31779 (RAJ)

SHRI RAM VIHAR VIKAS SAMITI v. NAGRIK GRAH NIRMAN SAHKARI SAMITI

CMA/4197/2024 · 2025-04-29

Ganesh Ram Meena

body2025

Judgment text

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[2025:RJ-JP:18104] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 4197/2024 Shri Ram Vihar Vikas Samiti, Through President, Hanuman Prasad Son Of Late Devinarayan, Resident Of Hathoj, Jaipur ----Appellant Versus 1. Nagrik Grah Nirman Sahkari Samiti, Through President/secretary, Address 167, Rajendra Nagar, Ganpati Mandir Sirsi Road, Jaipur 2. Shrawanlal Jaat Son Of Bholuram, Resident Of Village Hathoj, Tehsil And District Jaipur 3. Bhanwarlal Jaat Son Of Chhoturam Jaat, Resident Of Village Hathoj, Tehsil And District Jaipur 4. Ramprakash Son Of Chhitar, Resident Of Village Hathoj, Tehsil And District Jaipur 5. Kamlesh Son Of Chothu, Resident Of Village Hathoj, Tehsil And District Jaipur 6. Jaipur Development Authority, Through Secretary Jawahar Lal Nehru Marg, Jaipur ----Respondents For Appellant(s) : Mr. Saket Pareek & Mr. Aditya Pareek For Respondent(s) : Mr. Bharat Vyas, Senior Advocate assisted by Mr. Jay Vardhan Joshi & Mr. Javed Khan HON'BLE MR. JUSTICE GANESH RAM MEENA Order 29/04/2025 Learned counsel for the appellant, on instructions, from his client seeks to withdraw this appeal. He further submits that in furtherance to the order challenged in the present appeal, the respondent-JDA has already issued a notice and therefore, the appellant may be allowed seven days time to avail appropriate [2025:RJ-JP:18104] (2 of 2) [CMA-4197/2024] legal remedy to challenge the notice or action of the respondent- JDA and till then, the interim order passed by the Co-ordinate Bench of this Court on 10.10.2024 may be allowed to remain in effect. Mr. Bharat Vyas, learned Senior Advocate with Mr. Jay Vardhan Joshi appearing for JDA though, does not oppose the prayer for withdrawal of the appeal. However, he opposes the further prayer of the appellant to continue the interim order. Having regard the prayer made by counsel for the appellant and so also the totality of the facts and circumstances of this case, this Court in the interest of justice, deems just and proper to allow the appellant to withdraw this appeal with liberty to avail appropriate legal remedy available to him under law so as to challenge any notice or action of the JDA as regards the land-in- question. Accordingly, this appeal is dismissed as withdrawn with liberty, as prayed for. Stay application as well as pending application, if any, also stands disposed of. The interim order passed by the Co-ordinate Bench of this Court on 10.10.2024 shall remain in operation only for the next seven days. Any Court or Tribunal shall in no manner be affected by this order while considering any remedy availed by any of the party. (GANESH RAM MEENA),J Ashish Kumar /115