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2025 DAILYLAW 43860 (RAJ)

NANAGRAM S/O LATE SHRI PRABHATI LAL v. SECRETARY, JAIPUR DEVELOPMENT AUTHORITY

CW/16705/2025 · 2025-11-20

Sanjeet Purohit

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:47057] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16705/2025 Nanagram S/o Late Shri Prabhati Lal, Aged About 51 Years, R/o Village Mahal, Jagatpura, Tehsil Sanganer, Distt. Jaipur ----Petitioner Versus 1. Secretary, Jaipur Development Authority, Ramkishore Vyas Building, Indra Circle, Jawahar Lal Nehru Marg, Jaipur 2. Alfa Reality Office, 111, Krishana Vihar, Gopalpura Bypass, Jaipur Through Its Partner Ayush Jindal S/o Shri Madhusudan Jindal. ----Respondents For Petitioner(s) : Mr. Bajrang Lal Choudhary For Respondent(s) : Mr. Amit Kuri with Mr. Dharma Ram Mr. Saket Pareek with Mr. Aditya Pareek HON'BLE MR. JUSTICE SANJEET PUROHIT Order 20/11/2025 1. The present writ petition has been filed against the order dated 23.09.2025 passed by the Jaipur Development Authority Appellate Tribunal in Reference Petition No.509/2025, whereby the application seeking interim relief has been rejected. 2. Learned counsel for the petitioner submits that as a matter of fact, the land of the petitioner has been acquired under an agreement by exercising powers under Section 44 of the J.D.A. Act and in lieu of the same, the developed land was to be given to the respective Khatedars. Learned counsel has contended that in case of other Khatedars, the part of the developed land has been allotted within their own land upon a 2oo ft. road, whereas in case of the petitioner, the land has been allotted on the back side [2025:RJ-JP:47057] (2 of 3) [CW-16705/2025] upon 80 ft. road. Learned counsel further submits that if the Reference petition filed by the petitioner is allowed to be decided without granting any interim relief in favour of the petitioner then the very purpose of filing the Reference petition under Section 83(8) B of the J.D.A. Act, 1982 would get frustrated. 3. Learned counsel for the respondents has objected the contentions made by learned counsel for the petitioner and stated that as a matter of fact later on policy for allotment is changed and the allotment to the petitioner has been made by way of a lottery system in view of the policy decision being taken by the J.D.A. 4. Considering the submissions made by learned counsel for both the parties, this Court is of the opinion that if the interim relief as prayed for by the petitioner is not granted then his right will be seriously prejudiced and the decision in the original reference petition would be affected or would lead to multiplicity of the litigation. 5. In view thereof, the present writ petition is disposed of with a direction to the Jaipur Development Authority Appellate Tribunal to decide the Reference petition No.509/2025 as expeditiously as possible preferably within a period of three months from the date of receipt certified copy of this order. 6. In the meantime, till disposal of the Reference petition, status quo with regard to the land in question shall be maintained by all the parties. 7. It is made clear that no unnecessary adjournments shall be granted to any of the parties and the petitioner is specifically [2025:RJ-JP:47057] (3 of 3) [CW-16705/2025] directed not to take unnecessary adjournments just with a view to take undue advantage of the interim order passed by this Court. 8. Accordingly, with the aforesaid directions, the present writ petition is disposed of. 9. Pending application(s), if any, also stands disposed of. (SANJEET PUROHIT),J SAHIL SONI /201