Rajasthan High Court - Jaipur
Manda Projects Private Limited vs Government Of Rajasthan ... on 18 September, 2025
Author: Sameer Jain
Bench: Sameer Jain
[2025:RJ-JP:38195]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 13873/2025
Manda Projects Private Limited, Registered Office 2C/9, First
Floor, Opposite Liberty Cinema, New Rohtak Road, Karol Bagh,
New Delhi-110005, Branch Office At 202, Subh Ratan, Platinum,
Opposite Zila Parishad Office, Banipark, Jaipur-302006 Through
Director Mr. Sumit Manda S/o Shri Hari Ram Manda, Aged About
33 Years, Resident Of 202, Subh Ratan Platinum, Bani Park,
Jaipur (Raj).
----Petitioner
Versus
1. Government Of Rajasthan, Through Its Principal
Secretary, Urban Development And Housing Department,
Government Of Rajasthan, Government Secretariat,
Jaipur (Raj).
2. Jaipur Development Authority, Through Its Commissioner,
Ram Kishor Bhawan, Jln Marg, Jaipur.
3. Jaipur Development Authority, Through Its Secretary,
Ram Kishore Bhawan, Jln Marg, Jaipur.
4. Director (Finance), Jaipur Development Authority, Ram
Kishore Bhawan, Jln Marg, Jaipur.
----Respondents
For Petitioner(s) : Mr. R P Garg
For Respondent(s) :
HON'BLE MR. JUSTICE SAMEER JAIN
Judgment
18/09/2025
Learned counsel for the petitioner has filed present petition with the following prayers:
"(i) to issue any writ, or direction of any nature for quashing of order dated 27.5.2025 issued by the non-petitioners;
(ii) to issue any order or direction, writ of any nature directing the non-petitioners to accept the remaining installments in relation to plot No. 17 (Uploaded on 27/09/2025 at 08:36:05 AM) (Downloaded on 04/10/2025 at 12:51:49 AM) [2025:RJ-JP:38195] (2 of 3) [CW-13873/2025] (Corner), Hathroi, Vidhayak Awas Yojna, Jhalupura, Jaipur after accepting the remaining installments price without interest till the matter finally decided by the Waqf Board or till the stay is vacated;
(iii) to issue any order or direction, writ of any nature restraining the non-petitioners from cancellation of confirmation of auction in favour of the petitioner in relation to the plot No. 17 (Corner), Hathroi, Vidhayak Awas Yojna, Jhalupura, Jaipur;
(iv) To issue any order or direction, writ of any nature directing the non-petitioner not to insist the petitioner to deposit the remaining installment with interest in relation to plot No. 17 (Corner), Hathroi, Vidhayak Awas Yojna, Jhalupura, Jaipur till the matter is finally adjudicate by the Waqf Board;
(v) To issue any order or direction, writ of any nature to deciding the representation submitted by the petitioner on 6.6.2025 to the non- petitioners;
(vi) Or any other appropriate order deems fit and proper may be passed in favour of the petitioner."
Learned counsel for the petitioner has drawn attention upon letter/order dated 27.05.2025 (Annexure-9) and has submitted that in pursuance to Annexure-3, a land measuring 1147.47 sq. yards was auctioned for a consideration of approximately Rs. 28.692 crores. It is further submitted that due to occurrence of disputes at Work Board and CMA/37/2025, the said auction proceedings were not carried out at the end of JDA.
Heard.
This Court upon perusal of the contents of the letter dated 27.05.2025, has noted that the petitioner has not deposited the amount in stipulated period as warranted, howsoever, the JDA authorities have given an option to the petitioner that on account (Uploaded on 27/09/2025 at 08:36:05 AM) (Downloaded on 04/10/2025 at 12:51:49 AM) [2025:RJ-JP:38195] (3 of 3) [CW-13873/2025] of said reason, if petitioner can take refund to the deposited amount to the tune of 15% i.e. approximately Rs. 4.30 crores.
Further, upon analyzing the provisions of Section 83(8) of the JDA Act, 1982, this Court has noted that, if any person is aggrieved by any order or notice or is threatened of any injury, he can file an appeal in the prescribed time and the decision of the Tribunal shall be final and binding.
Taking note of the aforementioned, this Court is of the view that lis in question and dispute which is assailed before this Court in the backdrop of letter dated 27.05.2025 (Annexure-9) is amenable to appeal, in accordance with law, therefore, on account of the availability of remedy, without commenting on merits, this Court is not inclined to entertain the present petition.
Accordingly, the present petition is dismissed. Pending applications, if any, shall stand disposed of.
(SAMEER JAIN),J DEEPAK/13 (Uploaded on 27/09/2025 at 08:36:05 AM) (Downloaded on 04/10/2025 at 12:51:49 AM) Powered by TCPDF (www.tcpdf.org)