[2026:RJ-JP:15516] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6711/2026 Ashok Kumar Chotia S/o Radhe Shaym Chotia, Aged About 64 Years, R/o Villa No. 69, Krishna Kunj Villas, Kalwar Road, Jhotwara, Jaipur, Rajasthan. ----Petitioner Versus 1. Jaipur Development Authority, Through Commissioner, Pandit Ram Kishor Vyas Bhawan, Jawaharlal Nehru Marg, Indra Circle, Jaipur 2. Jaipur Development Authority, Through Deputy Commissioner, Zone 7, Jda, Pandit Ram Kishor Vyas Bhawan, Jawaharlal Nehru Marg, Indra Circle, Jaipur 3. Krishna Kunj Welfare Society, Through President Jagdish Prasad Choudhary, Age 47 Years, R/o Villa No.71,72, Krishna Kunj Villas, Near Shekhawat Marg, Kalwar Road, Jaipur. 4. Jagdish Prasad Choudhary, Through President Krishna Kunj Welfare Society, Age 47 Years, R/o Villa No.71,72, Krishna Kunj Villas, Near Shekhawat Marg, Kalwar Road, Jaipur. 5. Rajiv Kumar (Vice President), Krishna Kunj Welfare Society R/o Villa No. 38, Krishna Kunj Villas, Near Shekhawat Marg, Kalwar Road, Jaipur. 6. Rajnikant Jangid, (Secretary), Krishna Kunj Welfare Society R/o Villa No. 60, Krishna Kunj Villas, Near Shekhawat Marg, Kalwar Road, Jaipur. 7. Kanhiyalal Sharma, (Treasurer), Krishna Kunj Welfare Society R/o Villa No. 77, Krishna Kunj Villas, Near Shekhawat Marg, Kalwar Road, Jaipur. 8. Mrs. Anju Yadav, (Member), Krishna Kunj Welfare Society R/o Villa No. 165, Krishna Kunj Villas, Near Shekhawat Marg, Kalwar Road, Jaipur. 9. Manoj Kumar Hemani, (Member), Krishna Kunj Welfare Society R/o Villa No. 16, Krishna Kunj Villas, Near Shekhawat Marg, Kalwar Road, Jaipur. 10. Ram Singh Shekhawat, (Member), Krishna Kunj Welfare Society R/o Villa No. 38, Krishna Kunj Villas, Near [2026:RJ-JP:15516] (2 of 3) [CW-6711/2026] Shekhawat Marg, Kalwar Road, Jaipur. 11. Registrar, Sanstha Office, Samudayik Bhawan, Dev Nagar, Tonk Road, Jaipur. ----Respondents For Petitioner(s) : Mr. Satyendra Singh Raghav For Respondent(s) : Mr. Rishab Khandelwal HON'BLE MR. JUSTICE SAMEER JAIN Order 15/04/2026 Present petition is filed against the ex-parte order dated 05.02.2026, passed by Appellate Authority/ Commissioner, JDA in Case No.05/2025 pertaining to Krishna Kunj Welfare Society. Learned counsel for the petitioner has submitted that order dated 16.03.2026 was passed by the Competent Authority (original order) by Deputy Commissioner Zone-7, JDA, Jaipur. It is submitted that without following the mandate of Section 46 of the Rajasthan Apartment Ownership Act, 2015 and without giving any opportunity of hearing, the order impugned (original order) has been stayed, upon the appeal filed by a party who was never before the original proceedings. It is further submitted that the mandate of Section 26 (4) of the Act of 2015 warrants opportunity of personal hearing which has been apparently flouted by the respondents. Heard. As on directions of Court, Mr. Rishab Khandelwal, standing counsel for the JDA has marked attendance, notices need not be issued. [2026:RJ-JP:15516] (3 of 3) [CW-6711/2026] Upon hearing the matter, this Court is of the view that the petition can be disposed of in the direction that the appellate authority will adjudicate the issue finally within a period of 30 days in the background that the bye-laws of the society mandates election in every two years, which has not been conducted since the year 2022. There are different fractions in the society. In this regard, the appellate authority is directed that the notice for hearing be displayed at the relevant place in the Society's premises for conduct of appellate hearing. If any party is interested, they will participate in the appellate proceedings, the hearing of which can take place on 28.04.2026 at 11.00 AM. Thereafter, the appeal can be decided within 30 days by following appropriate procedure by the respondent-JDA, in compliance with the principles of natural justice and audi alteram partem. The present petition is accordingly, disposed of. Pending applications, if any, stand disposed. (SAMEER JAIN),J CHANDAN /3