[2025:RJ-JP:44676] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15296/2025 Himanshu Chhabra S/o Late Shri Kundan Lal, Aged About 53 Years, R/o Plot No. 52, Scheme Pashupati Nath Nagar, Village Chak Getor, Tehsil Sanganer, Jaipur. ----Petitioner Versus Jaipur Development Authority, Through Its Secretary, Ramkishore Vyas Bhawan, Indira Circle, JLN Marg, Jaipur. ----Respondent For Petitioner : Mr. Manoj Bhardwaj, Adv. For Respondent : Mr. Divanshu Gupta, AGC HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 07/11/2025 1. The present petition has been filed by the petitioner seeking following reliefs:- "It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to: (a) Quash and set aside order dated 10.9.2025; (b) Allow Appeal No. 443/2025 filed by the petitioner before the JDA Appellate Tribunal; (c) Pass any other appropriate order or directions as may be deemed fit and proper in the facts and circumstances of the case, in favour of the Petitioner and in the interest of justice." 2. Learned counsel for the petitioner submits that the petitioner is a lawful allottee of Plot no.52, Scheme Pashupati Nath Nagar, situated at Village Chak Geator, Tehsil Sanganer, Jaipur. On 19.03.2025, a notice under Section 32 of the JDA Act, 1982 (hereinafter referred to as the 'Act of 1982') was issued against the petitioner by the respondent-JDA for illegal construction of the [2025:RJ-JP:44676] (2 of 3) [CW-15296/2025] building on the said plot for commercial use. Learned counsel further submits that the petitioner, being aggrieved, of the said notice, preferred an Appeal No.263/2025 before learned Jaipur Development Authority, Appellate Tribunal, Jaipur (hereinafter referred to as learned "Appellate Tribunal") and thereby, vide order dated 02.04.2025, the appeal was disposed of, with a direction to the petitioner to file a representation within a period of 15 days before the respondent-JDA. In compliance of the said order, the petitioner filed the representation. In pursuance of the said representation, the respondent-JDA further issued a notice dated 07.05.2025, wherein, it was directed to the petitioner to remove the illegal construction within a period of 7 days, otherwise, the JDA Authorities will remove the same. Being aggrieved of the said notice dated 07.05.2025, the petitioner preferred another Appeal No.443/2025 before learned Appellate Tribunal, however, during pendency of the said appeal, the respondent-JDA issued another notice dated 16.05.2025 under Section 34-A of the Act of 1982, wherein, it was mentioned that coercive action against the petitioner will be taken, due to illegal construction and the plot of the petitioner will be sealed by the respondent-JDA. 3. Learned counsel further submits that, subsequently, petitioner filed S.B Civil Writ Petition No. 10691/2025 before the Coordinate Bench of this Court, wherein, vide order dated 22.07.2025, the Court directed both the parties to maintain status-quo till disposal of appeal and further directed the learned Appellate Tribunal to decide the pending appeal within a period of four months from the date of passing of the order. [2025:RJ-JP:44676] (3 of 3) [CW-15296/2025] 4. Learned counsel for the petitioner argues that the dispute in the present matter is with regard to change in the land use of the said plot as the same is situated on 160 ft. wide road; which itself is a commercial plot. With respect to the requisite of change in the land use, the petitioner, during the pendency of aforesaid Appeal No.443/2025, filed an application dated 12.09.2025 for the purpose of change of land use, however, the said application is still pending before the Respondent-JDA. 5. Learned counsel prays that the present petition be disposed of at this stage, with a direction to the respondent-JDA to decide the application filed on behalf of the petitioner for the purpose of change in the land use of the said plot. Learned counsel further prays that till final decision of the application, it may be ordered that the plot not to be sealed by the respondent-JDA. 6. Mr. Divanshu Gupta, AGC puts in appearance on behalf of the respondent and opposes the prayer made by learned counsel for the petitioner. 7. In that view of the matter, the present petition stands disposed of, with a direction to the respondent-JDA to decide the pending application filed on behalf of the petitioner for the purpose of change in the land use, within a period of 15 days from the date of receipt of certified copy of this order. 8. In the meanwhile, the respondent-JDA shall not seal the plot and both the parties are also directed to maintain status-quo with regard to the plot. (ASHUTOSH KUMAR),J AARZOO ARORA /22