M/S PINKCITY BUILD HOME PVT. LTD. v. JAIPUR DEVELOPMENT AUTHORITY
CW/3112/2025 · 2025-03-04
Sudesh Bansal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5302 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5302 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:9368] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3112/2025 M/s Pinkcity Build Home Pvt. Ltd., having its Registered Office At 4Th Floor, P.no. 10, Days Hotel, Airport Plaza, Scheme Behind Hotel Radisson Blue, Durgapura, Tonk Road, Jaipur Through Its Authorized Signatory. ----Petitioner Versus
1. Jaipur Development Authority, Through Jaipur Development Commissioner, Ram Kishore Vyas Bhawan, Indira Circle, Jawahar Lal Nehru Marg, Jaipur.
2. Jaipur Development Authority, Through Additional Commissioner (Land), Ram Kishore Vyas Bhawan, Indira Circle, Jawahar Lal Nehru Marg, Jaipur.
3. Executive Engineer, Rob-Rub-IV, Jaipur Development Authority, Ram Kishore Vyas Bhawan, Indira Circle, Jawahar Lal Nehru Marg, Jaipur. ----Respondents For Petitioner(s) : Mr. Jitendra Mitruka For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL
Order 04/03/2025
1. By means of filing instant writ petition under Article 226 of Constitution of India, petitioner has challenged the recovery notice No.JDA/A.A./Bhoomi/2022/D-276 dated 13.11.2024 issued by the respondents, demanding dues of lease money for the premise, given on lease under the terms of lease deed dated 23.05.2018, executed between the parties to operate the tourists facility center.
[2025:RJ-JP:9368] (2 of 2) [CW-3112/2025]
2. Indisputably, prior to the impugned recovery notice, other demands were also made by the respondents in connection with the lease deed dated 23.05.2018 and thereagainst, petitioner has filed a commercial suit against the respondents, which is at present pending before the Commercial Court No.2, Jaipur Metro.
3. Counsel for the petitioner has pointed out that the amount claimed due against the petitioner and demanded under the impugned recovery notice dated 13.11.2024 pertain to the period post to termination of lease deed and during course of pendency of commercial suit, this Court is of opinion that the petitioner may seek amendment in the commercial suit pending before the Commercial Court No.2 Jaipur Metro or may file a fresh commercial suit, questioning the impugned recovery notice dated
13.11.2024.
4. In view of above, learned counsel for the petitioner, after arguing the writ petition, seeks permission to withdraw the writ petition with liberty to file an amendment application in the commercial suit pending before the Commercial Court No.2 Jaipur Metro or to file a fresh commercial suit as per his legal advise.
5. Permission is granted.
6. Accordingly, the writ petition is hereby disposed of with liberty prayed for.
7. Stay application and pending application, if any, stand
disposed of.
(SUDESH BANSAL),J TN/21