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2025 DAILYLAW 39851 (RAJ)

SHARDA VIDYA MANDIR MANAGING COMMITTEE (SAMITI) v. RAJASTHAN STATE INDUSTRIAL DEVELOPMENT AND INVESTMENT CORPORATION LIMITED (RIICO)

CW/11017/2025 · 2025-07-23

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.11017/2025 Sharda Vidya Mandir Managing Committee (Samiti), Through Its Director Shri Anupam Kumar Shah S/o Shri Krishna Kumar Shah Aged About 59 Years, Office B-11, Metal Colony, Ambabari, Sikar Road, Jaipur ----Petitioner Versus 1. Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Through Its Chairman And Managing Director Udyog Bhawan, Tilak Marg, C-Scheme, Jaipur 2. Senior Regional Manager, Rajasthan State Industrial Development And Investment Corporation Ltd. Unit, Jaipur (North) Road No. 5. V.k.i. Area, Jaipur 3. Senior Deputy General Manager, Rajasthan State Industrial Development And Investment Corporation Ltd. Unit, Jaipur (North) Road No. 5. V.k.i. Area, Jaipur 4. M/s Kailash Rani Gupta, Proprietor Mrs. Kailash Rani Gupta, B-25, Dev Nagar, Tonk Road ----Respondents For Petitioner(s) : Mr. Mananjay Singh Rathore JUSTICE ANOOP KUMAR DHAND Order 23/07/2025 1. By way of filing this writ petition, a challenge has been led to the impugned order dated 06.10.2023 passed by the respondents by which allotment of the petitioner for Plot No.B-73 has been cancelled. 2. Learned counsel for the petitioner submits that a revision petition against the aforesaid order was filed for restoration of the (2 of 3) [CW-11017/2025] allotment, however, the same was also rejected by the respondents vide impugned order dated 16.12.2024. 3. Learned counsel for the petitioner submits that on account of pendency of some proceedings before the authorities, the desired formalities could not be completed, but this fact has not been appreciated by the respondents while passing the impugned order, hence, interference of this Court is warranted. 4. Heard and considered the submissions made at the Bar and perused the material available on record. 5. In the considered opinion of this Court, the orders impugned passed by the respondents are appealable, but without availing the alternative statutory remedy of filing an appeal, the petitioner has straightaway approached this Court by way of filing this writ petition. 6. It is settled proposition of law that whenever alternative statutory remedy of filing an appeal is available to a person, he cannot be allowed to bypass the jurisdiction of Appellate Authority. 7. On this count alone, the instant writ petition stands disposed of granting liberty to the petitioner to approach the Appellate Authority by way of filing an appeal. 8. In case, any appeal is submitted by the petitioner before the Appellate Authority within a period of two weeks from today, the Appellate Authority is expected to hear and decide the same on its merits after affording opportunity of hearing to all the respective parties, expeditiously as early as possible, preferably within a period of four weeks thereafter by passing a reasoned and speaking order. (3 of 3) [CW-11017/2025] 9. For a period of six weeks, no coercive action be taken against the petitioner. 10. In case, any adverse order is passed against the petitioner, he would be at liberty to approach the appropriate forum of law for redressal of his grievances. 11. Stay application and all applications (pending, if any) also stand disposed of. (ANOOP KUMAR DHAND),J Karan/43