[2025:RJ-JP:17386-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition (P.I.L.) No. 1101/2025 Swami Vihar Vikas Samiti, Through President Mukesh Kumar Sharma S/o Late Shri Bhagwan Sahay Sharma, Aged About 54 Years, R/o Plot No. 250-B, Swami Vihar Colony, Pandit Tn Mishra Marg, Nirman Nagar Jaipur ----Petitioner Versus 1. State Of Rajasthan, Through Secretary, Urban Development And Housing Department, Secretariat, Jaipur. 2. Jaipur Development Authority, Through Secretary, Jawahar Lal Nehru Marg, Jaipur. 3. Deputy Commissioner, Zone-5, Jaipur Development Authority, Jawahar Lal Nehru Marg, Jaipur. 4. Enforcement Officer, Zone-5, Jaipur Development Authority, Jawahar Lal Nehru Marg, Jaipur. 5. Tarachand Goyal Son Of Shri S.m. Goyal, Resident Of House No. G-2, Vinoba Marg C-Scheme Jaipur. 6. Tarun Goyal Son Of Shri Tarachand Goyal, Aged About 48 Years, Resident Of House No. G-2, Vinoba Marg C-Scheme Jaipur. 7. Kriti Goyal W/o Tarun Goyal, Aged About 44 Years, R/o Resident Of House No. G-2, Vinoba Marg C-Scheme Jaipur. ----Respondents For Petitioner(s) : Mr. Sanjay Joshi with Mr. B.L. Saini For Respondent(s) : Mr. Vigyan Shah, AAG assisted by Mr. Sankalp Vijay HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE ANAND SHARMA Order 24/04/2025 This writ petition challenged the orders dated 24th February 2023 & 13th April 2023 passed by the J.D.A. 2. In the writ petition, the petitioner Swami Vihar Vikas Samiti, has averred that it is registered under the Rajasthan Societies [2025:RJ-JP:17386-DB] (2 of 3) [CW-1101/2025] Registration Act, 1958, and it looks after the development work of Swami Vihar Residential Scheme. The petitioner further states that there was an agenda note dated 24th November 2022 prepared under which the plot Nos.193-201, 201-A & 202 and plot Nos.192, 203, 217 & 218 were reconstituted. The petitioner has further stated that the respondent No.5 was the allottee of the plot Nos.188, 189, 190, 203, 204, 205 & 206 of Swami Vihar Residential Scheme and the lease deed was executed in his favour by the respondent-J.D.A. According to the petitioner Swami Vihar Vikas Samiti, the officers of the J.D.A. prepared an additional agenda and regularized the lands comprised under plot Nos.193- 201, 192, 202, 203, 217 & 218 on the ground that the owners of those plots have already constructed their residential houses. The said respondent No.5, in turn, executed a lease deed on 08th October 2022 and 03rd October 2022 in favour of the respondent No.7. 3. Mr. Sanjay Joshi, the learned counsel for the petitioner-Vikas Samiti, refers to the agenda note at page No.29 and other documents to place support to this writ petition urging that the entire procedure adopted by the J.D.A. was illegal and the orders dated 24th February 2023 & 13th April 2023 were passed in collusion with the respondent Nos.5 to 7. 4. The learned Additional Advocate General appearing for the State respondents has raised preliminary objection to maintainability of the writ petition. 5. In the first place, the writ petition seems to be not maintainable as the orders passed by the Statutory Authority cannot be challenged in a Public Interest Litigation. Secondly, it is [2025:RJ-JP:17386-DB] (3 of 3) [CW-1101/2025] not shown to this Court by the petitioner-Vikas Samiti that the orders passed on 24th February 2023 & 13th April 2023 are without jurisdiction. The allegation of collusion made by the petitioner- Vikas Samiti is without any substance reveals oblique motive on the part of the petitioner-Vikas Samiti. Quite clearly, this Public Interest Litigation seems to be filed in private interest. 6. Therefore, the present P.I.L. is dismissed. (ANAND SHARMA),J (SHREE CHANDRASHEKHAR),J SAHIL SONI /29