[2025:RJ-JP:44614] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16795/2025 Trilok Chand, S/o Shri Kunj Bihari Lal Sharma, R/o P. No. 122B, Vivek Vihar Colony, Opposite Jaipur Dairy, Jaipur ----Petitioner Versus Jaipur Development Authority, Jaipur, Indra Circle, Jawahar Lal Nehru Marg, Jaipur Through Its Secretary. ----Respondent For Petitioner(s) : Mr. Sarthak Rastogi, Adv. For Respondent(s) : Mr. Amit Kuri, Adv. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 06/11/2025 1. This petition has been filed seeking following prayer:- "It is, therefore, most humbly prayed that in the interest of justice, this Writ Petition may kindly be allowed and:- i) The impugned order dated 17.10.2025 may kindly be quashed and set aside being wholly illegal and arbitrary and the notice dated 10.10.2025 impugned in the appeal before the Ld. Tribunal may kindly be quashed and set aside and the respondents may kindly be restrained from interfering with the peaceful possession and residence of the petitioner in the house constructed on plot No.122-B, Vivek Vihar Scheme, Opposite RCDF, JLN Marg, Jaipur; or in the alternative, ii) the impugned order dated 17.10.2025 passed by the Ld. JDA Appellate Tribunal may kindly be quashed and set aside and the petitioner may be granted interim protection from any coercive action by the respondents pursuant to the notice dated 10.10.2025 [2025:RJ-JP:44614] (2 of 3) [CW-16795/2025] or any other notice in its continuation, till the disposal of the Appeal No. 1048/2025 by the Ld. JDA Appellate Tribunal; and iii) if during the pendency of the writ petition any other notice or order is issued by the respondents against the petitioner in respect of the plot in question in the writ petition, the same may also kindly be taken note of and be quashed and set aside. iv) Any other order which this Hon'ble Court deems fit in the interest of justice in favour of the petitioner may also kindly be passed." 2. Learned counsel for the petitioner submits that the petitioner is the owner and allottee of the plot No. 122B, Vivek Vihar Scheme, Opposite RCDA, JLN Marg, Jaipur and the said plot was allotted to him vide allotment letter dated 20.03.2013 by the Mahalekhapal Karamchari Bhawan Nirwan Sahakari Samiti Ltd. Learned counsel contends that the petitioner has constructed a residential building on the said plot and is peacefully residing there for last five years. 3. Learned counsel for the petitioner further submits that the respondent issued a notice dated 10.10.2025 against the petitioner wherein, it was mentioned that the construction of the residential building is illegal and thus, liable to be demolished. Learned counsel contends that the petitioner filed an Appeal No. 1048/2025 before learned Jaipur Development Authority, Appellate Tribunal, Jaipur (hereinafter referred to as the learned 'Appellate Tribunal') against the aforesaid notice. The appeal is still pending and has not been disposed of, whereas, the respondent is going to take coercive action in respect of demolition. Hence, learned counsel prays that, until the appeal is decided by the learned Appellate Tribunal, the respondent be directed not to take [2025:RJ-JP:44614] (3 of 3) [CW-16795/2025] any coercive action against the petitioner, pursuant to the notice dated 10.10.2025. 4. Learned counsel for the petitioner further prays that the petition may be disposed of, with the direction to the learned Appellate Tribunal to decide the pending appeal filed by the petitioner, in an expeditious manner. 5. Learned counsel for the respondent has no objection, if such directions are given. 6. In that view of the matter, this petition is disposed of, with the direction to the learned Jaipur Development Authority, Appellate Tribunal, Jaipur to decide the Appeal No. 1048/2025 filed by the petitioner within a period of one month from the date of receipt of certified copy of this order. 7. It is made clear that till decision of the said appeal, the status quo with regard to the disputed residential property shall be maintained by both the parties. 8. It is also made clear that the petitioner shall be at liberty to take other remedies in accordance with law after the decision passed by learned Appellate Tribunal. 9. Stay application and other pending applications, if any, also stand disposed of. (ASHUTOSH KUMAR),J Mohita /36