GOMS DEFENCE COLONY SOCIETY (ASSOCIATION) WELFARE AND DEVELOPMENT ACTIVITY v. JAIPUR DEVELOPMENT AUTHORITY
CW/15101/2026 · 2026-08-17
Anand Sharma
body2026
DailyLaw.ai
[ 2026 DAILYLAW 12459 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 12459 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:32565] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15101/2026 CNR: RJHC020706952026 | URN: CW / 32191U / 2026 Goms Defence Colony Society (Association) Welfare And Development Activity, Through Its Secretary Dinesh Agrawal S/o Shri Gaurishankar Agrawal, Address Goms Defence Colony, Vaishali Marg, Vaishali Nagar, Jaipur (Rajasthan) ----Petitioner Versus
1. Jaipur Development Authority, Jaipur Through Secretary, Indira Circle, Jawahar Lal Nehru Marg, Jaipur, Rajasthan.
2. Anees Goyal, Son of Unknown, Resident of 288, Top Floor, Goms Defence Colony, Vaishali Nagar, Jaipur. ----Respondents For Petitioner(s) : Mr. Manvendra Singh Choudhary For Respondent(s) :
HON'BLE MR. JUSTICE ANAND SHARMA Order 17/08/2026
1. Grievance raised by the petitioner is that the petitioner filed one Reference Petition No.316/2026 before the Appellate Tribunal, Jaipur Development Authority, Jaipur (hereinafter to be referred as 'the Tribunal'), whereby after hearing both the parties the interim order dated 11.06.2026 has been passed by the Tribunal, whereby the non-applicant No.2 was directed not to create any hindrance in legitimate construction over the land in dispute and further directions were given to the Jaipur Development Authority, Jaipur to take appropriate action against illegal/unauthorized construction in accordance with law, yet the JDA is not following with the directions given by the Tribunal,
[2026:RJ-JP:32565] (2 of 2) [CW-15101/2026] which is causing grave prejudice and miscarriage of justice to the petitioner.
2. Heard learned counsel for the petitioner and perused the material available on record.
3. Under these circumstances, where the reference petition filed by the petitioner is pending before the Tribunal and the grievance of the petitioner can also be addressed by the Tribunal, if an application under Order 39(2-A) CPC is filed by the petitioner, this Court, at this stage, finds that the writ petition filed by the petitioner is pre-mature, and is accordingly dismissed.
4. However, mere dismissal of this writ petition shall not curtail the rights of the petitioner to file appropriate application before the Tribunal.
5. Pending application(s), if any, also stand(s) disposed of.
(ANAND SHARMA),J 19/DIVYA