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2025 DAILYLAW 32417 (RAJ)

SHREE DEVI LAL CHATURVEDI EDUCATIONAL SOCIETY v. KOTA DEVELOPMENT AUTHORITY

CW/18497/2024 · 2025-05-05

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:18859] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18497/2024 Shree Devi Lal Chaturvedi Educational Society, through President Jitendra Kumar Chaturvedi S/o Shri R S Chaturvedi, aged about 46 Years, R/o House No. 601, Mahaveer Nagar-II, Kota (Rajasthan) ----Petitioner Versus 1. Kota Development Authority, through Commissioner, Kota Development Authority, Kota. 2. Secretary, Kota Development Authority, Kota. 3. District Collector, Kota. 4. Superintendent of Police, Kota. ----Respondents For Petitioner(s) : Mr.Ashwani Kumar Chobisa JUSTICE ANOOP KUMAR DHAND Order 05/05/2025 1. Learned counsel for the petitioner submits that for imparting education to the students, the land in question was purchased by the petitioner in auction sale way back in the year 2019. Counsel submits that when the petitioner wanted to raise construction of the educational institutions on the said land, the encroachers residing in the same vicinity did not allow the petitioner to do the same. Counsel submits that complaint in this regard were submitted by the petitioner before the Secretary, Urban Improvement Trust, Kota (for short, “the UIT”) and even the Secretary of the said UIT has directed the concerned Superintendent of Police, Kota vide its letter dated 24.11.2022 to remove the encroachment from the land in question. Counsel submits that nothing has been done so far, even after the petitioner has approached the concerned SHO Police Station, Anantpura Kota (City) for doing the needful in the light of the [2025:RJ-JP:18859] (2 of 2) [CW-18497/2024] letter dated 24.11.2022 issued by the Dept.Secretary, UIT, Kota. Counsel submits that the FIR has been registered for the name sake only, but nothing has been done for removal of the encroachment from the property in question, therefore, appropriate direction be issued. 2. Considering the limited prayer made by counsel for the petitioner and looking to the fact that land in question was allotted to the petitioner for educational institutions for the purpose of imparting education to the students in the year 2019 and looking to the fact that the Dept.Secretary, UIT has directed the Superintendent of Police, Kota to remove the encroachment by way of police assistance, but in spite of passing of considerable time, till date, no action has been taken. 3. Considering the above, the instant writ petition stands disposed of by issuing direction to the Authorities concerned to act upon the letter issued by the Dept.Secretary, UIT, Kota and do the needful exercise for removal of encroachment expeditiously as early as possible, preferably within a period of two months from the date of receipt of certified copy of this order. 4. In case, any obstruction is caused by the miscreants in construction of educational institutions and in case, the petitioner submits a representation before the Authorities concerned, the same be viewed seriously and if necessary, police protection be provided. 5. All pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /361