[2026:RJ-JP:23805] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10043/2026 URN: CW / 22381U / 2026 1. Chhajuram Sharma S/o Hajari Lal Sharma, Aged About 60 Years, R/o Village Mahal, Tehsil Sanganer, Jaipur. 2. Prabhunarayan Sharma S/o Hajari Lal Sharma, Aged About 55 Years, R/o Village Mahal, Tehsil Sanganer, Jaipur. ----Petitioners Versus 1. State Of Rajasthan, Through Principal Secretary, Urban Development And Housing Department Government Secretariat, Near Statue Circle, Jaipur (Raj.). 2. Jaipur Development Authority, Through Its Commissioner, Jawahar Lal Nehru Marg, Indira Circle, Jaipur. 3. Deputy Commissioner, Zone-9, Jaipur Development Authority, Jaipur. ----Respondents For Petitioner(s) : Mr. Sanjay Joshi For Respondent(s) : HON'BLE MR. JUSTICE ANAND SHARMA Order 30/06/2026 1. Feeling aggrieved by notice under Section 44 (Annex-3) issued by Deputy Commissioner Jaipur Development Authority, Jaipur under Section 44 of the JDA Act, 1982 (for short the 'Act of 1982') the petitioners have filed the instant writ petition. 2. It is submitted by learned counsel for the petitioners that the petitioners are recorded Khatedars of land bearing Nos. 507, 518, 519 of Revenue Gram Mahal, Tehsil Sanagner, District Jaipur. Earlier also by resorting to provisions of Section 44 of JDA [2026:RJ-JP:23805] (2 of 3) [CW-10043/2026] Act, 1982, land of the petitioners was acquired by their consent by the JDA and since, consent was accorded by the petitioners therefore, petitioners were also issued reservation letter for allotment of alternative developed lands. 3. Learned counsel for the petitioners submits that now again, notices have been issued under Section 44 of the Act of 1982 for seeking consent of the petitioner with malafide intention to change the alignment of the road by including Khasra No.518 of the aforesaid JDA village. Learned counsel further submits that although, petitioners have got no objection in surrendering land bearing Khasra No. 518, yet JDA may be restrained from changing the alignment of the road. 4. Heard the arguments advanced by learned counsel for the petitioners and perused the record. 5. Section 44 of JDA Act, 1982 is being reproduced as under: “44. Power to purchase or lease by agreement — The Authority may enter into an agreement with any person for the purchase, leasing or exchange by the Authority from such person, of any land which the Authority is authorised to acquire or any interest in such land. “ 6. Bare perusal of aforesaid provision would make it clear that Section 44 of the Act of 1982 can be exercised only on the basis of 'consent' given by the land owner/Khatedar. In case, petitioners are having any objection whatsoever then, they are at liberty to not to give their consent for acquiring their land by way of an agreement under Section 44 of the Act of 1982. Merely, issuance of notice under Section 44 calling for consent of the Khatedars concerned does not give rise to any cause of action for [2026:RJ-JP:23805] (3 of 3) [CW-10043/2026] approaching this Court by way of filing writ petition under Article 226 of Constitution of India. 7. In view of above, there is no scope of interference, and the writ petition filed by the petitioner is hereby, dismissed. 8. Pending application(s), if any, shall also stand(s), disposed of. (ANAND SHARMA),J 1/NEERU