JAGDISH PRASAD BHATIA S/O SHRI GYANCHAND v. JAIPUR DEVELOPMENT AUTHORITY
CW/16477/2025 · 2025-10-31
Ashutosh Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 44402 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44402 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:43679] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16477/2025 Jagdish Prasad Bhatia S/o Shri Gyanchand, Aged About 89 Years, R/o 140, Vishveshwariya Nagar, Gopalpura Byepass, Jaipur, Rajasthan. ----Petitioner Versus
1. Jaipur Development Authority, Through Secretary, Indira Circle, Jawahar Lal Nehru Marg, Jaipur.
2. M/s. S.L.V. Construction, Through Partner Shri Sudhanshu Gupta S/o Shri Rajesh Gupta, 260, Shanti Nagar, Near Durgapura Railway Station, Jaipur. ----Respondents For Petitioner(s) : Mr. D.K. Dixit, Adv. For Respondent(s) : Mr. Divyanshu Gupta, Adv. for JDA HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order 31/10/2025
1. This petition has been filed with the following prayer:-
"It is, therefore, most humbly prayed that Your Lordships may most graciously be pleased to accept and allow this writ petition and be further pleased to direct the respondent No.2 to
stop
the
illegal construction/finishing work at plot No.141 situated at Vishveshwariya Nagar, Gopalpura Byepass, Jaipur and the respondent No.1 may kindly be
directed to take appropriate action against the respondent No.2 and remove the illegal construction raised by respondent No.2 on the subject plot. Any other order which this Hon'ble Court deems just and proper
[2025:RJ-JP:43679] (2 of 3) [CW-16477/2025] in the facts and circumstances of the case may also be passed in favour of the petitioners."
2.
Learned counsel for the petitioner submits that the respondent No.2 is raising an illegal construction and the petitioner made several complaints, but no heed was paid to those complaints. The reference application No.232/2025 was also submitted by the petitioner before the Jaipur Development Authority (hereinafter reference to as learned 'Tribunal') and the same is still pending before it. Therefore, respondent No.2 has continued raising the illegal construction which has now been almost completed. Hence, this petition to direct the respondent No.2 to remove the illegal construction.
3. Heard.
4. Issue notice.
5. Mr. Divanshu Gupta, learned counsel puts in appearance and accepts notice on behalf of respondent No.1.
6.
Learned counsel for the petitioner contends that as the reference application No.232/2025 is still pending before the learned Tribunal, therefore, this petition may be disposed of at this stage directing the learned Tribunal to decide the said reference application in a time bound manner.
7. In that view of the matter, the petition is disposed of with the direction to learned Tribunal to decide the reference application No.232/2025 submitted by the petitioner as early as possible preferrably within a period of two months from the date of receipt of certified copy of this order.
[2025:RJ-JP:43679] (3 of 3) [CW-16477/2025]
8. With the above directions, the petition is disposed of. Stay application and other pending applications, if any, also stand
disposed of.
(ASHUTOSH KUMAR),J Mohita /5