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2026 DAILYLAW 5152 (RAJ)

M/S ARPITA BUILD MART PVT LTD. v. AUTHORIZED OFFICER

CW/3970/2026 · 2026-04-16

Anuroop Singhi

body2026

Judgment text

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[2026:RJ-JP:16009] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR 1. S.B. Civil Writ Petition No. 3958/2026 Shri Kailash Chand S/o Bhanwar Lal, Aged About 68 Years, R/o Chandra Colony, Bhato Ka Mohalla, Madanganj, Kishangarh, District- Ajmer. ----Petitioner Versus 1. Authorized Officer, Nagar Parishad Kishangarh, Through Commissioner, Nagar Parishad Kishangarh, District Ajmer. 2. Mandir Murti Shri Yugal Kishore Ji Maharaj, Rajasthan Kishangarh Through Tehsildar Kishangarh, District Ajmer 3. State Government, Through Tehsildar, Tehsil Kishangarh, District Ajmer. ----Respondents Connected With 2. S.B. Civil Writ Petition No. 3971/2026 1. M/s Lovely Colonizers Pvt. Ltd., Kishangarh Through Director Shri Pradeep Kumar Choudhary S/o Shri Mool Chand Choudhary, Aged About 69 Years, R/o Hameer Colony, Madanganj -Kishangarh, District- Ajmer. 2. Kusum Choudhary W/o Shri Pradeep Choudhary, Aged About 63 Years, R/o Hameer Colony, Madanganj- Kishangarh, District- Ajmer. ----Petitioners Versus 1. Authorized Officer, Nagar Parishad Kishangarh, Through Commissioner, Nagar Parishad Kishangarh, District Ajmer. 2. Mandir Murti Shri Yugal Kishore Ji Maharaj, Rajasthan Kishangarh Through Tehsildar Kishangarh, District Ajmer 3. State Government, Through Tehsildar, Tehsil Kishangarh, District Ajmer. ----Respondents 3. S.B. Civil Writ Petition No. 3973/2026 Kailash Chand S/o Shri Bhanwar Lal, Aged About 68 Years, R/o Madanganj, Kishangarh, Tehsil Kishangarh, District- Ajmer. ----Petitioner Versus 1. Authorized Officer, Nagar Parishad Kishangarh Through Commissioner, Nagar Parishad Kishangarh, District Ajmer. [2026:RJ-JP:16009] (2 of 8) [CW-3958/2026] 2. Mandir Murti Shri Yugal Kishore Ji Maharaj, Rajasthan Kishangarh Through Tehsildar Kishangarh, District Ajmer 3. State Government, Through Tehsildar, Tehsil Kishangarh, District Ajmer. ----Respondents 4. S.B. Civil Writ Petition No. 3974/2026 1. M/s Lovely Colonizers Pvt. Ltd., Kishangarh Through Director Shri Pradeep Kumar Choudhary S/o Shri Mool Chand Choudhary, Aged About 69 Years, R/o Hameer Colony, Madanganj -Kishangarh, District- Ajmer. 2. Smt. Kusum Choudhary W/o Shri Pradeep Choudhary, R/o Hameer Colony, Madanganj Kishangarh, District- Ajmer. ----Petitioners Versus 1. Authorized Officer, Nagar Parishad Kishangarh Through Commissioner, Nagar Parishad Kishangarh, District Ajmer. 2. Mandir Murti Shri Yugal Kishore Ji Maharaj, Rajasthan Kishangarh Through Tehsildar Kishangarh, District Ajmer 3. State Government, Through Tehsildar, Tehsil Kishangarh, District Ajmer. ----Respondents 5. S.B. Civil Writ Petition No. 3975/2026 1. Kailash Chand S/o Shri Bhanwar Lal, Aged About 68 Years, R/o Madanganj, Kishangarh, Tehsil Kishangarh, District- Ajmer. 2. Smt. Gomati Devi W/o Shri Kailash Chand, Aged About 65 Years, R/o Madanganj, Kishangarh, Tehsil Kishangarh, District- Ajmer. 3. M/s Arpita Buildmart Pvt. Ltd., Kishangarh Through Director Dinesh Patni S/o Shri Chhitarmal Patni, Aged About 43 Years, R/o Shivaji Nagar, Madanganj Kishangarh, Tehsil Kishangarh, District- Ajmer. 4. M/s Lovely Colonizers Pvt. Ltd., Kishangarh Through Director Shri Pradeep Kumar Choudhary S/o Shri Mool Chand Choudhary, Aged About 69 Years, R/o Hameer Colony, Madanganj -Kishangarh, District- Ajmer. ----Petitioners [2026:RJ-JP:16009] (3 of 8) [CW-3958/2026] Versus 1. Authorized Officer, Nagar Parishad Kishangarh Through Commissioner, Nagar Parishad Kishangarh, District Ajmer. 2. Mandir Murti Shri Yugal Kishore Ji Maharaj, Rajasthan Kishangarh Through Tehsildar Kishangarh, District Ajmer 3. State Government, Through Tehsildar, Tehsil Kishangarh, District Ajmer. ----Respondents 6. S.B. Civil Writ Petition No. 3977/2026 Smt. Gomati Devi W/o Shri Kailash Chand, Aged About 65 Years, R/o Bhatto Ka Mohalla, Madanganj, Kishangarh, District Ajmer. ----Petitioner Versus 1. Authorized Officer, Nagar Parishad Kishangarh Through Commissioner, Nagar Parishad Kishangarh, District Ajmer. 2. Mandir Murti Shri Yugal Kishore Ji Maharaj, Rajasthan Kishangarh Through Tehsildar Kishangarh, District Ajmer 3. State Government, Through Tehsildar, Tehsil Kishangarh, District Ajmer. ----Respondents 7. S.B. Civil Writ Petition No. 3957/2026 Smt. Gomati W/o Shri Kailash Chand, Aged About 65 Years, R/o Bhato Ka Mohalla, Madanganj, Kishangarh, District- Ajmer. ----Petitioner Versus 1. Authorized Officer, Nagar Parishad Kishangarh Through Commissioner, Nagar Parishad Kishangarh, District Ajmer. 2. Mandir Murti Shri Yugal Kishore Ji Maharaj, Rajasthan Kishangarh Through Tehsildar Kishangarh, District Ajmer 3. State Government, Through Tehsildar, Tehsil Kishangarh, District Ajmer. ----Respondents 8. S.B. Civil Writ Petition No. 3970/2026 M/s Arpita Build Mart Pvt Ltd., Jaipur Through Director Shri Dinesh Patni S/o Chhitarmal Patni, Aged About 43 Years, R/o Shivaji Nagar, Madanganj Kishangarh, District Ajmer. [2026:RJ-JP:16009] (4 of 8) [CW-3958/2026] ----Petitioner Versus 1. Authorized Officer, Nagar Parishad Kishangarh Through Commissioner, Nagar Parishad Kishangarh, District Ajmer. 2. Mandir Murti Shri Yugal Kishore Ji Maharaj, Kishangarh Through Tehsildar Kishangarh, District Ajmer. 3. State Government, Through Tehsildar Kishangarh, Tehsil Kishangarh, District Ajmer. ----Respondents 9. S.B. Civil Writ Petition No. 3978/2026 1. M/s Lovely Colonizers Pvt. Ltd., Kishangarh Through Director Shri Pradeep Kumar Choudhary S/o Shri Mool Chand Choudhary, Aged About 69 Years, R/o Hameer Colony, Madanganj- Kishangarh, District- Ajmer. 2. Kusum Choudhary W/o Shri Pradeep Choudhary, Aged About 63 Years, R/o Hameer Colony, Madanganj - Kishangarh, District- Ajmer. ----Petitioners Versus 1. Authorized Officer, Nagar Parishad Kishangarh Through Commissioner, Nagar Parishad Kishangarh, District Ajmer. 2. Mandir Murti Shri Yugal Kishore Ji Maharaj, Rajasthan Kishangarh Through Tehsildar, Kishangarh, District Ajmer. 3. State Government Through Tehsildar, Tehsil Kishangarh, District Ajmer. ----Respondents 10. S.B. Civil Writ Petition No. 4033/2026 M/s Arpita Buildmart Pvt. Ltd., Kishangarh, Through Director Dinesh Patni S/o Shri Chhitarmal Patni, Aged About 43 Years, R/o Shivaji Nagar, Madanganj Kishangarh, Tehsil Kishangarh, District- Ajmer. ----Petitioner Versus 1. Authorized Officer, Nagar Parishad Kishangarh Through Commissioner, Nagar Parishad Kishangarh, District Ajmer. 2. Mandir Murti Shri Yugal Kishore Ji Maharaj, Rajasthan Kishangarh Through Tehsildar Kishangarh, District Ajmer. [2026:RJ-JP:16009] (5 of 8) [CW-3958/2026] 3. State Government Through Tehsildar, Tehsil Kishangarh, District Ajmer. ----Respondents 11. S.B. Civil Writ Petition No. 4074/2026 1. Kailash Chand S/o Shri Bhanwar Lal, Aged About 68 Years, R/o Madanganj, Kishangarh, Tehsil Kishangarh, District- Ajmer. 2. Smt. Gomati Devi W/o Shri Kailash Chand, Aged About 65 Years, R/o Madanganj, Kishangarh, Tehsil Kishangarh, District- Ajmer. 3. M/s Arpita Buildmart Pvt. Ltd., Kishangarh Through Director Dinesh Patni S/o Shri Chhitarmal Patni, Aged About 43 Years, R/o Shivaji Nagar, Madanganj Kishangarh, Tehsil Kishangarh, District- Ajmer. 4. M/s Lovely Colonizers Pvt. Ltd., Kishangarh Through Director Shri Pradeep Kumar Choudhary S/o Shri Mool Chand Choudhary, Aged About 69 Years, R/o Hameer Colony, Madanganj -Kishangarh, District- Ajmer. ----Petitioners Versus 1. Authorized Officer, Nagar Parishad Kishangarh Through Commissioner, Nagar Parishad Kishangarh, District Ajmer. 2. Mandir Murti Shri Yugal Kishore Ji Maharaj, Rajasthan Kishangarh Through Tehsildar Kishangarh, District Ajmer. 3. State Government Through Tehsildar, Tehsil Kishangarh, District Ajmer. ----Respondents For Petitioner(s) : Mr. G.P. Sharma with Mr. Mahesh Chand Gupta For Respondent(s) : Mr. Ved Prakash Tripathi with Mr. Mahendra Kumar Mr. V.D. Gathala, AGC with Ms. Praveshika Singh Mr. Manoj Choudhary with Mr. Yadvendra Patel and Ms. Swati Thory for Mr. G.S. Gill, AAG HON'BLE MR. JUSTICE ANUROOP SINGHI [2026:RJ-JP:16009] (6 of 8) [CW-3958/2026] Order 16/04/2026 1. Learned counsel for the parties are ad idem that the controversy in hand stands duly covered by the order dated 23.03.2026 passed by a Co-ordinate Bench of this Court in S.B. Civil Writ Petition No.3963/2026, titled as M/s Arpita Build Mart Pvt. Ltd. Vs. Authorized Officer, Nagar Parishad Kishangarh and Ors., and thus, pray that the present writ petitions may also be disposed of in the same terms. 2. Taking note of the above and considering the joint request made by learned counsel for the parties, the present writ petitions stand disposed of in the same terms as contained in the order dated 23.03.2026. The order dated 23.03.2026 reads as under:- “1. The instant writ petition has been filed by the petitioner with a challenge to the order dated 21.01.2026 passed by the Court of Divisional Commissioner, Ajmer in Appeal L.R. No.2026/2011 District Ajmer whereby, on the appeal filed by the respondents, the Court has ordered to maintain status-quo over the land-in-question and its record till further orders and has also issued certain other directions. 2. After arguing the matter at some length, learned counsel for the petitioner has made a limited prayer that the Appellate Authority may be directed to dispose of the appeal as early as possible. He also submits that the Appellate Authority be directed to dispose of the applications filed by the petitioner as regards locus of the appellant (respondents herein) for filing of the appeal and so also other preliminary objections. 3. Learned counsel appearing for the respondents- appellants submits that he has no objection if the Appellate Authority decides the appeal within time bound [2026:RJ-JP:16009] (7 of 8) [CW-3958/2026] programme maintaining status-quo over the land in question. 4. Taking into consideration the overall facts and circumstances of the case and so also the limited prayer made by counsel for the petitioner, the Court feels that ends of justice would meet if the Appellate Authority is directed to decide the appeal as early as possible. 5. Accordingly, the present writ petition is disposed of with a direction to the Divisional Commissioner, Ajmer to decide the Appeal L.R. No.2026/2011 District Ajmer as well as applications filed by the petitioner and so also preliminary objections expeditiously, preferably within a period of four months from the date of submitting the certified copy of this order. 6. It is also observed that till disposal of the appeal, the parties shall maintain status-quo as regards the present status of the land-in-question and its record. The other directions issued in last para of the impugned order shall remain stayed till disposal of the appeal. 7. It is also made clear that the Appellate Authority shall not be influenced and governed by the observations and findings given in the impugned order dated 21.01.2026 and shall decide the appeal independently after taking into consideration all the provisions of law. 8. In view of the order passed in the main petition, the stay application as well as pending application, if any, also stands disposed of.” 3. Accordingly, the present writ petitions are disposed of with a direction to the Divisional Commissioner, Ajmer, to decide Appeal L.R. Nos.2026/7, 2026/2, 2026/6, 2026/1, 2026/4, 2026/8, 2026/9, 2026/10, 2026/3, 2026/12 and 2026/5 as well as applications filed by the petitioners and so also preliminary [2026:RJ-JP:16009] (8 of 8) [CW-3958/2026] objections expeditiously, preferably within a period of four months from the date of submitting the certified copy of this order. 4. It is also observed that till disposal of the appeals, the parties shall maintain status-quo as regards the present status of the land-in-question and its record. The other directions issued in last para of the impugned order shall remain stayed till disposal of the appeals. 5. It is also made clear that the Appellate Authority shall not be influenced and governed by the observations and findings given in the impugned order dated 21.01.2026 and shall decide the appeals independently after taking into consideration all the provisions of law. 6. Mr. Ved Prakash Tripathi, Advocate, submits that an application No.1/2026 under Order 1 Rule 10 read with Section 151 of CPC, has been filed by the applicants seeking impleadment of Ms. Maina Devi and Ms. Anjana Sharma, both being daughters of Late Bal Kishan Das and Late Vimla Devi, as party respondents in S.B. Civil Writ Petition No. 3958/2026. As the appeals are still pending before the Divisional Commissioner, Ajmer, the applicants would be at liberty to file appropriate applications before the Divisional Commissioner Ajmer, for seeking impleadment of the aforesaid persons, which shall be decided on its own merits. 7. In view of the order passed in the main petitions, the stay applications as well as pending applications, if any, also stand disposed of. (ANUROOP SINGHI),J RACHNA /16-26