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2026 DAILYLAW 18793 (RAJ)

BANWARI LAL SHARMA SON OF SHRI BRIJ MOHAN SHARMA v. THE STATE OF RAJASTHAN

CW/15025/2025 · 2026-02-09

Inderjeet Singh, Ravi Chirania

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:5985-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 15025/2025 1. Banwari Lal Sharma Son Of Shri Brij Mohan Sharma, Aged About 78 Years, Residing At 622, Barkat Nagar, Tonk Phatak, Jaipur 2. Anil Son Of Shri Shrikrishan, Aged About 51 Years, Residing At Ward No.5, Dhanawar, District Dausa ----Petitioners Versus 1. The State Of Rajasthan, Through Princiapl Secretary, Government Secretariat, Janpath, Jaipur-302005, Rajasthan, India 2. Jaipur Development Authority, Indira Circle, Jawahar Lal Nehru Marg, Jaipur Through Commissioner 3. Deputy Commissioner, Zone-8, Jaipur Development Authority, Indira Circle, Jawahar Lal Nehru Marg, Jaipur 4. The Finance Department, Government Of Rajasthan 1St Floor, Main Building, Government Secretariat, Janpath, Jaipur-302005, Rajasthan, India Through Additional Chief Secretary 5. The Director General, The State Directorate Of Revenue Intelligence And Economic Offences, Ground Floor, D- Block, Vitt Bhawan, Janpath, Jaipur 6. The Police Commissioner, Police Commissionerate, M.i. Road, Sardar Patel Marg, Adjacent To Bsnl Head Office, Ashok Nagar, Jaipur-302001 7. Ramprakash Gupta Son Of Shri Nanakchand, Residing At House No.12, Raghu Vihar, Maharani Farm, Durgapura, Jaipur (History Sheeter Of Police Station Shipra Path) 8. Smt. Alka Gupta Wife Of Shri Ramprakash Gutpa, Residing At House No.12, Raghu Vihar, Maharani Farm, Durgapura, Jaipur. Director Shrimat Mahaveer Buildcon Private Limited (History Sheeter Of Police Station Shipra Path) 9. M/s Shrimat Mahaveer Buildcom Private Limited, Having Its Registered Office At House No. 12, Raghu Vihar, Maharani Farm, Durgapura, Jaipur, Presently Operating From Plot No. 379, Sachivalaya Nagar, Sitapura, Tonk [2026:RJ-JP:5985-DB] (2 of 4) [CW-15025/2025] Road, Sanganer, District Jaipur, Rajasthan. Through Its Director Radheshyam Sharma 10. Shri Ashutosh Singh, Sub-Inspector, Police Station Sanganer Sadar, Jaipur (South), Jaipur 11. All Unknown Persons In Unauthorized And Illegal Possession Of Triveni Enclave, Situated In Govindpura, Tehsil Sanganer, District Jaipur ----Respondents For Petitioner(s) : Mr. P.S. Tomar For Respondent(s) : Mr. S.M. Sharma, AAAG Mr. Abhishek Sharma Mr. Vishwas Fatehpuria Mr. Dhruv Kumar, for Mr. Manoj Sharma (AAG) HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE RAVI CHIRANIA Order 09/02/2026 1. This writ petition has been filed by the petitioners with the following prayer:- “1. Restrain Respondent Nos.7 and 8, their family members, their agents, assignees, attorneys, or any other person claiming through them, from : (a) Creating any third-party rights over the land falling within the JDA – approved Triveni Enclave Housing Scheme (17 Bighas and 10 Biswas/ approx. 4.37 hectares – approved land) and the adjacent 39 Bighas and 10 Biswas (non-approved land), totaling approximately 55 Bighas; (b) Carrying out any sale, transfer, alienation, or construction activity on the aforesaid land, either directly or indirectly; 2. Direct the Jaipur Development Authority (JDA), through its enforcement Wing, to:- [2026:RJ-JP:5985-DB] (3 of 4) [CW-15025/2025] a) Maintain status quo over the entire 55 Bighas of land, comprising 17 Bighas and 10 Biswas of approved land, (Blocks A, B and C of Triveni Enclave) and 39 Bighas and 10 Biswas of non-approved land; b) Immediately stop any ongoing or proposed illegal construction or encroachments and take protective action in accordance with the Jaipur Development Authority Act, 1982; 3. Direct the Police Department, Jaipur (South) to provide necessary protection to the original allottees of the Triveni Enclave Scheme from dispossession, coercion, or intimidation by unauthorized persons claiming through forged pattas; 4. Direct the Jaipur Development Authority (JDA) to submit a detailed status report within 30 days or within such time as this Hon’ble Court may deem fit, disclosing: (a) The current status of encroachment and occupation over the 17 Bighas and 10 Biswas (non- approved) and 39 Bighas and 10 Biswas (non-approved) land, total 55 Bigha Land; (b) A complete list of original allottees under the sanctioned layout plan dated 25.07.2012, and details of pattas/lease deeds issued, if any; (c) The estimated financial loss to the public exchequer arising from issuance of forged pattas, and evasion of conversion charges, development fees, stamp duty, electrification charges, and other statutory dues.” 2. The grievance of the petitioner is that the land in dispute belongs to respondent No.9 and has been duly approved by the Jaipur Development Authority (JDA) under a residential scheme. However, respondent No. 7 has illegally issued fake pattas in respect of the said land. In support of the aforesaid contention, learned counsel for the petitioner has placed reliance upon the judgments of the Hon’ble Supreme Court in Jagpal Singh & Ors. [2026:RJ-JP:5985-DB] (4 of 4) [CW-15025/2025] v. State of Punjab & Ors. and Friends Colony Development Committee v. State of Orissa & Ors. ’ 4. We have perused the record and enquired from the learned counsel for the petitioners as to whether the land belongs to any charagah, the Housing Board, or any other public authority. In response, learned counsel submits that land in dispute was surrendered to Jaipur Development Authority (JDA) by respondent No.9 for a housing project. 5. Admittedly, the matter relates to the allotment of plots between respondent Nos. 7 and 9. No aggrieved person has, as yet, approached this Court. Even otherwise, if respondent No. 7 is issuing forged pattas in respect of land belonging to respondent No. 9, appropriate legal action may be taken by the aggrieved person in accordance with law. 6. In that view of the matter, no case is made out for entertaining the present Public Interest Litigation, hence, and the writ petition is accordingly dismissed. 7. All pending application(s) stands disposed of. (RAVI CHIRANIA),J (INDERJEET SINGH),J Ravi Khandelwal - 70