Rajasthan High Court - Jaipur
Ravi Jain S/O Late Prem Chand vs State Of Rajasthan on 21 October, 2019
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 15098/2019
Ravi Jain S/o Late Prem Chand
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr.Sanjay Joshi
For Respondent(s) :
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
21/10/2019
Learned counsel for the petitioners submits that initially, the Reference No.177/2014 was filed by Shyam Vihar Vikas Samiti and Shree Mahaveer Grah Nirman Sahakari Samiti Limited against the Jaipur Development Authority and Khatedars of the land, namely, Kaluram, Nehnuram and Gulla. The said reference was decided by the JDA Tribunal vide order dated 15 th July, 2015 wherein it was observed that there was a serious dispute with respect to title of the property and as such, no order was required under Section 44 of the Jaipur Development Authority Act, 1982 (for short "the JDA Act"). The JDA Tribunal also observed that the parties were free to seek a declaration from the Civil Court or the High Court and as such, the reference was decided.
Learned counsel submitted that Shyam Vihar Vikas Samiti had filed SB Civil Writ Petition No.3005/2003 and the same has been withdrawn by the Society on 1 st June, 2019. Learned counsel submitted that Shyam Vihar Vikas Samiti had also filed SB Civil (Downloaded on 23/10/2019 at 09:35:45 PM) (2 of 2) [CW-15098/2019] Writ Petition No.1786/20012 before this Court and the said writ petition was also withdrawn on 1st June, 2019.
Learned counsel submitted that after withdrawal of the writ petition by the Society in collusion with Khatedars, the Khatedars of the land have again moved the application under Section 44 of the JDA Act and the proceedings are drawn by the JDA to give 25 percent of the acquired land back to the Khatedars.
Learned counsel submitted that the petitioners are purchaser of the plots and they have paid due amount to the society and further, at the time of acquisition of the land, objections were also filed under Section 5 of the Land Acquisition Act.
Issue notice of the writ petition as well as stay application, returnable within four weeks.
In the meanwhile, the respondent - Jaipur Development Authority is restrained to pass any order on the application filed under Section 44 of the JDA Act.
(ASHOK KUMAR GAUR),J Preeti Asopa /9 (Downloaded on 23/10/2019 at 09:35:45 PM) Powered by TCPDF (www.tcpdf.org)