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2026 DAILYLAW 20480 (RAJ)

JAGDISH NARAYAN S/O, KANA RAM SHARMA v. JAIPUR DEVELOPMENT AUTHORITY

CW/19425/2025 · 2026-01-09

Maneesh Sharma

body2026

Judgment text

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[2026:RJ-JP:892] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19425/2025 Jagdish Narayan S/o, Kana Ram Sharma, Aged About 64 Years, R/o Village Jodlakuwa Ki Dhani, Bassi, Jaipur (Raj.) ----Petitioner Versus Jaipur Development Authority, Jaipur, Through The Secretary, Jawahar Lal Nehru Marg, Jaipur. ----Respondent For Petitioner(s) : Mr. Rohit Solanki For Respondent(s) : Mr. Rishabh Khandelwal HON'BLE MR. JUSTICE MANEESH SHARMA Order 09/01/2026 1. The present writ petition has been filed by the petitioner with a prayer that the order dated 20.11.2025 passed by the learned Appellate Tribunal, Jaipur Development Authority may kindly be quashed and set aside. 2. Learned counsel for the petitioner submits that despite filing of reference No 618/2025 along with the stay application, the hearing of the stay application has been deferred and during pendency of the stay application, the respondent is bent upon demolishing the residential house of the petitioner. 3. Learned counsel for the respondent vehemently opposes the submissions of learned counsel for the petitioner and submits that the petitioner has no valid right to claim such interim protection. 4. Heard and considered the submissions made at bar. [2026:RJ-JP:892] (2 of 2) [CW-19425/2025] 5. Considering the fact that the petitioner's reference No. 618/2025 along with the stay application is pending before the learned Appellate Tribunal, and if, during pendency of the stay application, the residential house of the petitioner is demolished without providing an opportunity of hearing to him, the rights of the petitioner will be seriously prejudiced. Therefore, without expressing any final opinion on the merits/demerits of the case, the learned Appellate Tribunal is directed to decide the pending stay application on merits on the next date of hearing i.e. on 09.02.2026 or within seven days thereafter. 6. Till the final disposal of the stay application, the residential house of the petitioner shall not be demolished, however, it is made clear that the learned Appellate Tribunal shall, after considering the submissions of the respective parties, decide the case on merits without being prejudice by this order. 7. With aforesaid observations, the present writ petition stand disposed of. 8. Any other pending application(s), if any, stand disposed of. (MANEESH SHARMA),J SOURAV /6