GITESH JOSHI, S/O RAVINDRA KUMAR v. THE STATE OF RAJASTHAN
CW/1578/2026 · 2026-01-23
Maneesh Sharma
body2026
DailyLaw.ai
[ 2026 DAILYLAW 16385 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 16385 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:3309] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1578/2026 Gitesh Joshi, S/o Ravindra Kumar, Aged About 40 Years, R/o 463-A, Rani Sati Nagar, Nirman Nagar, Jaipur, (Rajasthan). ----Petitioner Versus
1. The State Of Rajasthan, Through Secretary, Local Self Government Department, Government Of Rajasthan, G-3, Rajmahal Residencial Area, C-Scheme, Near Civil Line Phatak, Jaipur Rajasthan-302016
2. Commissioner, Jaipur Nagar Nigam, Pandit Dindayal Upadhyay Bhawan, Lal Kothi Road, Jaipur (Rajasthan)
3. Deputy Commissioner, Nagar Nigam, Civil Lines Zone, Jaipur (Rajasthan).
4. Jaipur Development Authority, Through Secretary, Indira Circle, Jawahar Lal Nehru Marg, Jaipur ----Respondents For Petitioner(s) : Mr. Jaswant Parsoya with Mr. Vageesh Sharma For Respondent(s) : Mr. Manoj Choudhary & Mr. Yadvendra Patel on behalf of Mr. G. S. Gill, AAG, Mr. Rishabh Khandelwal HON'BLE MR. JUSTICE MANEESH SHARMA
Order 23/01/2026
1. The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India, with the following prayers:
"It is most humbly and respectfully prayed that the instant writ petition filed by the petitioner may kindly be allowed and; i. the Hon'ble Court may kindly be pleased to allow the writ petition and quash and set aside the notices dated 16.12.2025 and 09.01.2026 issued by respondent No.3,
[2026:RJ-JP:3309] (2 of 3) [CW-1578/2026] ii. quash and set aside the notices dated 19.01.2026 issued by respondent No.4 iii. any other order or direction, which your Lordships may deem just and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioner and in the interest of justice, iv. the instant writ petition may kindly be allowed throughout with costs."
2. As per the directions of this Court, Mr. Manoj Choudhary,
learned counsel appears on behalf of Mr. G. S. Gill, learned Additional Advocate General, and accepts notice on behalf of respondents Nos. 1 to 3. Mr. Rishabh Khandelwal, learned counsel, also appears and accepts notice on behalf of respondent No. 4.
3.
Learned counsel for the petitioner, after arguing the matter at some length and upon instructions from his client, seeks permission to withdraw the present writ petition with liberty to approach the learned Appellate Tribunal, Jaipur Development Authority within a period of 15 days from today. He prays that, during this intervening period until the petitioner approaches the learned Appellate Tribunal and files appeal as well the stay application and the same is heard, his residential house may not be demolished.
4. Per contra, learned counsel for the respondents vehemently opposes the submissions made by learned counsel for the petitioner and submits that the prayer made by the learned counsel for the petitioner can not be accepted.
5. Heard and considered the submissions made by learned counsel for the parties and perused the material available on record.
[2026:RJ-JP:3309] (3 of 3) [CW-1578/2026]
6. Considering the facts and circumstances of the case, the present writ petition is dismissed as withdrawn, with liberty to the petitioner to avail the appropriate remedy of appeal before the learned Appellate Tribunal, Jaipur Development Authority within a period of 15 days.
7. Furthermore, during the intervening period of 15 days, the parties are directed to maintain status quo as it exists today.
8. However, it is made clear that the aforesaid direction is for a limited period only in order to provide an opportunity of hearing to the petitioner prior to demolition of his residential house. The learned Appellate Tribunal is directed to consider the facts of the case and to decide the appeal/stay application on its merits strictly in accordance with law, without being influenced by this order.
9. Accordingly, the present writ petition is dismissed as withdrawn with the aforesaid liberty.
10. The stay application as well as the other pending applications, if any, also stand disposed of.
(MANEESH SHARMA),J Seema/141