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2026 DAILYLAW 9879 (RAJ)

NARESH CHOUDHARY SON OF SHRI RAMNIWAS CHOUDHARY v. SECRETARY, JAIPUR DEVELOPMENT AUTHORITY

CW/11529/2026 · 2026-07-09

Anand Sharma

body2026

Judgment text

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[2026:RJ-JP:25920] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11529/2026 URN: CW / 25518U / 2026 Naresh Choudhary son of Shri Ramniwas Choudhary, aged about 48 years, R/o House No. 1, Shiv Colony, Sector-8, Vidhyadhar Nagar, Jaipur 302039. ----Petitioner Versus Secretary, Jaipur Development Authority, Indra Circle, Jawahar Lal Nehru Marg, Jaipur. ----Respondent For Petitioner(s) : Mr. Sanjeev Kumar Sogarwal For Respondent(s) : HON'BLE MR. JUSTICE ANAND SHARMA Order 09/07/2026 1. Petitioner has filed the instant writ petition against order dated 01.07.2026 passed by Appellate Tribunal, Jaipur Development Authority, Jaipur (for short, 'the Tribunal'), whereby representation/reply filed by the petitioner pursuant to notice under Section 72 of Jaipur Development Authority Act, 1982 (for short, 'the Act of 1982'), issued in compliance of order dated 11.06.2026 passed by the Tribunal has not been considered and directions for removal of construction/demolition has been given. 2. This Court finds that while deciding Appeal No.299/2026 vide order dated 11.06.2026, petitioner was granted liberty to file reply to the notice under Section 72 of the Act of 1982 and on receiving reply to such notice, Tribunal was directed to adjudicate the issue in accordance with law and further restrain [2026:RJ-JP:25920] (2 of 2) [CW-11529/2026] order was also given that during pendency of such proceedings, the construction/alleged encroachment shall not be removed and even thereafter, further time of 7 days shall be given before taking any coercive action. Accordingly, proceedings have been decided by the Tribunal and notice dated 01.07.2026 has been issued for providing 7 days time to the petitioner. It is not disputed that notice/order dated 01.07.2026 is appealable, however, no appeal has been filed by the petitioner. 3. Learned counsel for the petitioner, at this stage, seeks permission to withdraw the petition with liberty to file appeal before the Tribunal under Section 83(8)(a) of the Act of 1982. In case, appeal is filed within a period of 3 working days from today, Tribunal is directed to decide stay application to be filed by the petitioner along with appeal within a period of 15 days thereafter. Till disposal of the stay application, no coercive action shall be taken against the petitioner. 4. In view of above, the present petition is dismissed as withdrawn with liberty as prayed for. (ANAND SHARMA),J 43/DAKSH