Rajasthan High Court - Jaipur
Jaipur Development Authority vs Ashok Pamnani S/O Shri Gordhan Pamnani on 24 November, 2022
Author: Inderjeet Singh
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 5850/2022
Jaipur Development Authority, Through Its Secretary, Indira
Circle, Jawahar Lal Nehru Marg, Jaipur.
----Petitioner
Versus
1. Ashok Pamnani S/o Shri Gordhan Pamnani, R/o 710,
Sindhi Colony, Adarsh Nagar, Rajapark, Jaipur.
2. Pradeep Pareek S/o Shri Mahesh Narayan Pareek, R/o Plot
No. 23A, Durga Vihar, Mahendra Tower, Durgapura, Jaipur.
----Respondents
For Petitioner(s) : Mr. Virendra Lodha, Sr. counsel assisted Jai Lodha, Adv.
For Respondent(s) : Mr. Raghu Nandan Sharma, Adv.
HON'BLE MR. JUSTICE INDERJEET SINGH Order 24/11/2022 This writ petition has been filed by the petitioner-JDA challenging the order dated 07.02.2022 passed by the Jaipur Development Authority, Appellate Tribunal, Jaipur (hereinafter to be referred as 'Tribunal') whereby the appeal filed by the respondent was allowed with liberty to the petitioner-JDA to pass fresh order after hearing the respondent on his representation.
Counsel for the petitioner submits that the Tribunal has committed illegality in passing an order for unsealing the property of the respondent as he has changed the use the land in dispute.
Heard counsel for the petitioner and perused the record. This writ petition filed by the petitioner deserves to be dismissed for the reasons; firstly, the Tribunal has recorded a (Downloaded on 25/12/2022 at 02:55:13 PM) (2 of 2) [CW-5850/2022] finding that the order of sealing the property of the respondent was passed without providing any opportunity of hearing to him, secondly, the Tribunal has given liberty to the petitioner to pass fresh order after providing opportunity of hearing to the respondent, therefore, in the facts and circumstances of the present case, I am not inclined to exercise the jurisdiction of this court under Article 226 & 227 of the Constitution of India.
Hence, this writ petition is dismissed.
(INDERJEET SINGH),J JYOTI /72 (Downloaded on 25/12/2022 at 02:55:13 PM) Powered by TCPDF (www.tcpdf.org)