[2025:RJ-JP:11626] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18340/2024 Riddhi Siddhi Infra Projects Private Limited, Through Its Authorized Signatory Mr. Satish Kumar Kadwavat Having Its Registered Office At Corporate Tower Rsg The Universe Campus, Hiran Magri Extension, Opposite Sector-9, Udaipur-313001 (Rajasthan). ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Department Of Law And Legislative Affairs, Government Of Rajasthan At Secretariat, Jaipur 302005 Rajasthan. 2. Bhagwana Bishnoi S/o Shri Jaisukh Ram Bishnoi, R/o Dharniya Automobiles, Jodhpur Road, Nagaur-341001, Rajasthan. ----Respondents For Petitioner(s) : Mr. Akshay Dutt Sharma for Mr. S.S. Shekhawat For Respondent(s) : Mr. Jayvardhan Joshi for Mr. Bharat Vyas, AAG Ms. Unnati Vijay HON'BLE MR. JUSTICE SUDESH BANSAL Order 12/03/2025 1. Instant writ petition has been filed by petitioner under Article 226 of the Constitution of India, seeking to waive the pre-deposit of 100% of the compensation amount determined by the adjudicating authority vide order dated 09.01.2024 in order to entertain and hearing of appeal before the Tribunal filed by and on behalf of petitioner against order dated 09.01.2024. 2. The Hon’ble Supreme Court in case of Newtech Promoters and Developers Private Limited Vs. State of Uttar Pradesh [2025:RJ-JP:11626] (2 of 2) [CW-18340/2024] and Ors. [(2021) 18 SCC 1] has interpreted the provision of Section 43(5) of the Real Estate (Regulation and Development) Act, 2016 as mandatory and affirmed its constitutionality. In that view, counsel for petitioner seeks permission to withdraw the writ petition and makes a limited prayer to grant 30 days’ time from today to deposit the compensation amount determined by the adjudicating authority. 3. Counsel appearing on behalf of respondents have no objection. 4. In such view of the matter, without interference in respect of prayer for waiving of pre-deposit of 100% of the compensation amount, instant writ petition is disposed of with liberty to petitioner to deposit the determined compensation amount within a period of 30 days from today. In case, such amount is deposited, the appeal filed by petitioner and pending before the Tribunal shall be heard and decided on merits, in accordance with law. 5. Any other pending application(s), if any, stands disposed of. (SUDESH BANSAL),J SOURAV /200