Rajasthan High Court - Jaipur
Praveen Taneja S/O Shri Vidhi Chand ... vs Union Of India on 11 July, 2022
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 21066/2019
1. Dipesh Mishra S/o Shri Kailash Chand Mishra, Aged About
38 Years, R/o House No.53, Vanketeshwar Colony, New
Sanganer Road, Jaipur. (Owner Of Flat No.C-101).
2. Dr. Rakhi Khanna W/o Rajesh Khanna, Aged About 46
Years, R/o C-12, Multistory Flat, Gandhi Nagar, Near
Nehru Bal Udhyan, Jaipur. (Owner Of Flat No.E-202).
3. Man Mohan Rathi S/o Radhey Shayam Rathi, Aged About
51 Years, R/o A-3, Shree Vihar, Bangur Nagar, Shree
Cement Limited, Andheri Deori, Beawar, Distt Ajmer
(Owner Of Flat No.E-412).
4. Mukesh Nahata S/o M. L. Nahta, Aged About 45 Years,
R/o AB-167, Vivekanand Marg, Nirman Nagar, Jaipur
(Owner Of Flat No. E-908).
5. Asha Gupta W/o Subash Chand Gupta, Aged About 50
Years, R/o 1/111, Vidhyadhar Nagar, Opp. KPS Udaan
School Gate 1, Jaipur (Owner Of Flat No.E-212).
6. Surendra Kumar Verma S/o Jagdish Prasad Verma, Aged
About 46 Years, R/o 57, Prem Nagar-I, Gurjar Ki Thari,
Gopalpura Bypass, Jaipur. (Owner Of Flat No.E-112)
7. Subhash Gupta S/o S.N. Gupta, Aged About 56 Years, R/o
1/111, Vidhyadhar Nagar, Opp. KPS Udaan School Gate 1,
Jaipur (Owner Of Flat No. E-504).
8. Raja Ram Singh S/o Jagnath Singh, Aged About 60 Years,
R/o Nc-43, JK Puram, Basantgarh, Tehsil Pinwara, District
Sirohi (Owner Of Flat No.E-310).
9. Sheefali Saraswat W/o Narendra Saraswat, Aged About
45 Years, R/o Flat No 105, Arihant Enclave Kanak Vihar,
Ajmer Road Jaipur (Owner Of Flat No. E-1313).
10. Vivek Singhal S/o Subodh Singhal, R/o Unit No.3, Plot
No.18, Luvkush Apartment, Luvkush Marg, Hanuman
Path, Shyam Nagar, Jaipur. (Owner Of Flat No.E-207 and
E-407).
11. Arjun Ram Rabari S/o Raghunath Ram, Aged About 28
Years, R/o Village Post Sarwana, Tehsil Sabchora, District
Jalore (Raj.). (Owner Of Flat No.E-113).
12. Nandlal Chhipa S/o Ganesh Narayan Chipa, Aged About
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71 Years, R/o B-708, Shivgyan Enclave, B-Block, Nirman
Nagar, Jaipur. (Owner Of Flat No.E-1008).
13. Prem Saharan S/o H. S. Sharan, R/o 158, Mahadev
Nagar, Gandhi Path, Vaishali Nagar, Jaipur (Owner Of Flat
No.E-311)
14. Ruchi Jain W/o Shikhar Prabhakar, Aged About 36 Years,
R/o C 118 Mangal Marg Bapu Nagar, Jaipur (Owner Of Flat
No.C-102).
15. Sangeeta Gandhi W/o Mahendra Gandhi, R/o 14, Bohra Ji
Ka Bagh, Opp Laxmi Mandir Cinema, Laxmi Colony, Tonk
Road. Jaipur. (Owner Of Flat No.B-805).
16. Nitin Mukherjee S/o Chinmay Mukharjee, R/o G 202,
Hanging Garden, Jaisinghpura, Ajmer Road, Jaipur.
(Owner Of Flat No.D-303).
17. Mamta Dangayach W/o Vishnu Kumar Dangayach, Aged
About 65 Years, R/o 102, Akshat Apartment, D-235 Bihari
Marg, Bani Park, Jaipur (Owner Of Flat No.C-1407).
----Petitioners
Versus
1. Union Of India, Through The Director, Directorate Of
Enforcement Government Of India, Zonal Office, 2 nd
Floor, Jeevan Nidhi-II, LIC Building, Bhawani Singh Road,
Jaipur (Rajasthan)-302 005
2. The Deputy Director, Directorate Of Enforcement,
Government Of India, Zonal Office 2 nd
Floor, Jeevan Nidhi-
II, LIC Building, Bhawani Singh Road, Jaipur (Rajasthan)-
302 005
3. The State Of Rajasthan Through Additional Inspector
General, (Stamp & Registration), 4th Floor, Vitth Bhawan,
Jyoti Nagar, Lalkothi, Jaipur
4. M/s Adarsh Buildestate Limited its Registered Office At
10th Floor Tower-9B, DLF Cyber City, Phase-III, Gurgram,
Haryana and Branch Office At Elements Mall, DCM, Main
Ajmer Road, Jaipur through Its Authorized Signatory.
(Developer of the land in dispute)
5. Mrs. Madhu Choradia W/o Shri Vinay Choradia, R/o Plot
No.61, Sangram Colony, C-Scheme, Jaipur (Owner Of The
land in dispute).
----Respondents
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Connected With
S.B. Civil Writ Petition No. 21085/2019
1. Ishwar Dutt S/o Prem Chand Sharma, aged about 50
Years, R/o House No.D-12, Ambabari, Jaipur. (Owner Of
Flat No.c-306).
2. Umesh Chandra Batra S/o Ramnath Batra, Aged About 67
Years, R/o 1Gha12, Jawahar Nagar, Jaipur. (Owner Of Flat
No.b-1503).
3. Ajay Prakesh Katiyar S/o Girja Shankar Katiyar, Aged
About 49 Years, R/o 109, Lane No. 07, Moti Nagar,
Queens Road, Vaishali Nagar, Jaipur. (Owner Of Flat No.b-
103).
4. Sampati Gupta W/o Sanjay Kumar Gupta, Aged About 44
Years, R/o 1552, Jat Ke Kue Ka Rasta, Chandpol Bazar,
Jaipur. (Owner Of Flat No.c-806).
5. Umesh Prajapati S/o Dev Kishan Prajapati, Aged About 42
Years, R/o 1 Tyagi Colony, Gopalpura Mod, Tonk Road,
Jaipur. (Owner Of Flat No.c-605).
6. Prashant Khanna S/o G. N. Khanna, R/o Plot No.90, Sakti
Nagar, Gopalpura Bypass, Jaipur Anukampa Platina
Iskone Road Mansarover Extension, Jaipur. (Owner Of Flat
No.b-103).
7. Anurag Drolia S/o Vinod Kumar Drolia, R/o 33, Mahesh
Nagar, Bank Colony Extension B, Gopalpura Bypass,
Jaipur. (Owner Of Flat No.c-512).
8. Abhinav Bansal S/o Vijendra Bansal, R/o 24A, Rfc Colony,
Sirsi Road, Vaishali Nagar, Jaipur. (Owner Of Flat No.d-
1502).
9. Archana Agarwal W/o Sumit Agarwal, R/o 156, Vidhyut
Nagar, Jaipur. (Owner Of Flat No.c-304).
10. Suman Chaturvedi W/o Sudhir Kumar Dixit, R/o 121
Muktanand Nagar, Gali No.5 Gopalpura Byepass, Jaipur.
(Owner Of Flat No.c-508)
11. Jitendra Joshi S/o Shashi Ranjan Joshi, R/o 172 Block A
Modi Nagar Purani Chungi, Ajmer Road, Jaipur (Owner Of
Flat No.c-109).
12. Renu Singh W/o Rajnath Singh, R/o 163/185, Pratap
Nagar Sanganer, Jaipur (Owner Of Flat No.c-111).
13. Sarika Gaur W/o Yash Gaur, R/o 23-A, Bhura Patel Nagar,
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Near Chanakya Garden, Ajmer Road, Jaipur . (Owner Of
Flat No.c-301).
14. Sunil Bang S/o Krishan Gopal Bang, R/o Flat Number
409K K Tower, Banipark, Nirman Marg, Jhotwara Road,
Jaipur (Owner Of Flat No.c-1102).
15. Vivek Gupta S/o Vishan Swaroop Gupta, R/o 1102
Chandra Ghanta Apartments K-166-168, Kishan Nagar,
Shyam Nagar, Jaipur. (Owner Of The Flat No C-1103)
16. Ashok Kumar Jain S/o Jai Singh Jain, Aged About 54
Years, R/o 120, Shakti Nagar, Gajsinghpura, Opposite
Heerapura Power House, Ajmer Road, Jaipur (Owner Of
Flat No.e-511).
17. Ajay Mandhana S/o Shayam Sundar Mandhana, R/o
Opposite Police Station, Gadiganur, Bellary, Karnataka
(Onwer Of Flat No.e-913)
18. Dr Anuj Jakhar S/o Anoop Singh Jakhar, Aged About 33
Years, R/o A-314,triveni Nagar, Jaipur (Owner Of Flat
No.e-1404)
----Petitioners
Versus
1. Union Of India, Through The Director, Directorate Of
Enforcement Government Of India, Zonal Office, 2Nd
Floor, Jeevan Nidhi-Ii, Lic Building, Bhawani Singh Road,
Jaipur (Rajasthan)-302 005
2. The Deputy Director, Directorate Of Enforcement,
Government Of India, Zonal Office 2Nd Floor, Jeevan
Nidhi-Ii, Lic Building, Bhawani Singh Road, Jaipur
(Rajasthan)-302 005
3. The State Of Rajasthan Through Additional Inspector
General, (Stamp And Registration), 4Th Floor, Vitth
Bhawan, Jyoti Nagar, Lalkothi, Jaipur
4. M/s Adarsh Buildestate Limited, Its Registered Office At
10Th Floor Tower-9B, Dlf Cyber City, Phase-Iii, Gurgram,
Haryana And Branch Office At Elements Mall, Dcm, Main
Ajmer Road, Jaipur Through Its Authorized Signatory.
(Developer Of The Land In Dispute)
5. Mrs. Madhu Choradia W/o Shri Vinay Choradia, R/o Plot
No.61, Sangram Colony, C-Scheme, Jaipur (Owner Of The
Land In Dispute).
----Respondents
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S.B. Civil Writ Petition No. 20071/2019
1. Siyaram Sharma S/o Shri Ramji Lal Sharma, Aged About
43 Years, R/o Plot No.65, Pratap Nagar Colony, Nai Ki
Thadi, Jamwaramgarh Road, Jaipur. (Owner Of Flat No.e-
101).
2. Anish Kumar Gour S/o Kailash Chand Sharma, Aged
About 36 Years, R/o Kailash Bhawan, Nagar Nigam Road,
Sanganer Road, Jaipur. (Owner Of Flat No. E- 402)
3. Ravi Bajaj S/o Virendra Kumar Bajaj, Aged About 36
Years, 2-Cha-18, Kamla Nehru Nagar, Ajmer Road, Jaipur
(Owner Of Flat No.c-310)
4. Amrish Joshi S/o Vishnu Kumar Joshi, Aged About 36
Years, R/o H.no. 3500, Nahargarh Road, Purani Basti,
Jaipur (Owner Of Flat No.c-206)
5. Jayendra Chaturvedi S/o Shri Mahendra Chaturvedi, Aged
About 41 Years, R/o- 6, Nirmohi Nagar, Panchsheel
Colony, Ajmer Road, Jaipur. (Owner Of Flat No.b-106).
6. Omprakash Saraff S/o Motilal Saraf, Aged About 47 Years,
R/o 170, Shrrrpuram Colony Gujar Ki Thadi, Jaipur.
(Onwer Of Flat No.e-408).
7. Jyoti Sharma W/o K.k. Sharma, Aged About 58 Years, R/o
6/46 Vidhyadhar Nagar, Jaipur. (Onwer Of Flat No. E-
414).
8. Radhey Shyam Mandhana S/o Late Giokul Chandra
Mandhana, Aged About 79 Years, R/o 4, Brij Colony,
Behind Chambal Gss, Hawa Sadak, Jaipur (Owner Of Flat
No.e-813).
9. Mahesh Kumar Gupta S/o Late Ved Prakash Gupta, Aged
About 65 Years, R/o A-27, Amba Bari, Jaipur. (Onwer Of
Flat No.e-1107 And E-1108).
10. Mrs. Heeru Gupta W/o Mahesh Kumar Gupta, Aged About
64 Years, R/o A-27, Amba Bari, Jaipur (Onwer Of Flat
No.e-1114)
11. Pushpa Goyal W/o D. D. Goyal, Aged About 70 Years, R/o
C- 44-A Mohan Path, Bapu Nagar, Jaipur, 302015 (Onwer
Of Flat No. E-609).
12. Shashi Surekha W/o Shree Prakash Surekha, Aged About
57 Years, R/o 77, Hatheli Scheme, Jaipur. (Owner Of Flat
No.c-305).
13. Syed Basharat Ali S/o Sayed Manzoor Ali, Aged About 42
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Years, R/o 20/173, Mla Quarter, Kaveri Path, Mansarover,
Jaipur. (Owner Of Flat No.c-104).
14. Sameer Mathur S/o Satish N Mathur, Aged About 50
Years, R/o Swroop Villa, 62, Gyan Vihar, Jan Path, Nirman
Nagar,ajmer Road, Jaipur. (Owner Of Flat No.c-1204)
15. Vaibhav Chawla S/o Virendra Kumar Chawla, Aged About
42 Years, R/o A-131, Ram Gali No.4, Suraj Maidan,
Rajapark, Jaipur. (Owner Of Flat No.c-404)
16. Kuldeep Singh Choudhary S/o Hari Singh Choudhary,
Aged About 50 Years, R/o Plot No.103B, Star Residency,
Heera Nagar, Near Dcm Market, Ajmer Road, Jaipur.
(Owner Of Flat No.c-106)
17. Divya Dinesh Trikha S/o Late Madan Lal Mishra, Aged
About 61 Years, R/o A-130, Ram Gali No. 4, Raja Park,
Jaipur. (Owner Of Flat No.b-104).
18. Naman Mehta S/o Arun Mehta, Aged About 34 Years, R/o
Sp-4, Bhabha Marg, Tilak Nagar, Jaipur. (Owner Of Flat
No. B-905).
19. Virendra Kedia S/o Late Om Prakash Kedia, Aged About
57 Years, R/o 12 Burmise Colony, Jaipur. (Owner Of Flat
No.b-702).
20. Neha Juneja W/o Alok Jain, Aged About 36 Years, R/o Flat
No 445/4, Flat No. 2, Rajshree Apartment, Raja Park,
Jaipur. (Owner Of Flat No.b-1403)
21. Brijesh Kumar Maheshwari S/o Radhey Shyam
Maheshwari, Aged About 61 Years, R/o 264, Barkat
Nagar, Tonk Phatak, Jaipur. (Owner Of Flat No.b-1306).
22. Seema Shah W/o Vijay Kumar Shah, Aged About 50
Years, R/o 2C-13, Vishwakarma Colony, Shastri Nagar,
Jaipur. (Owner Of Flat No.e-1408).
----Petitioners
Versus
1. Union Of India, Through The Director, Directorate Of
Enforcement Government Of India, Zonal Office, 2Nd
Floor, Jeevan Nidhi-Ii, Lic Building, Bhawani Singh Road,
Jaipur (Rajasthan)-302 005
2. The Deputy Director, Directorate Of Enforcement,
Government Of India, Zonal Office 2Nd Floor, Jeevan
Nidhi-Ii, Lic Building, Bhawani Singh Road, Jaipur
(Rajasthan)-302 005
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3. The State Of Rajasthan, Through Additional Inspector
General, (Stamp And Registration), 4Th Floor, Vitth
Bhawan, Jyoti Nagar, Lalkothi, Jaipur
4. M/s Adarsh Buildestate Limited, Its Registered Office At
10Th Floor Tower-9B, Dlf Cyber City, Phase-Iii, Gurgram,
Haryana And Branch Office At Elements Mall, Dcm, Main
Ajmer Road, Jaipur Through Its Authorized Signatory.
(Developer Of The Land In Dispute)
5. Mrs. Madhu Choradia W/o Shri Vinay Choradia, R/o Plot
No.61, Sangram Colony, C-Scheme, Jaipur (Owner Of The
Land In Dispute).
----Respondents
S.B. Civil Writ Petition No. 21102/2019
1. Manoj Gupta S/o Somdutt Gupta, Aged About 52 Years,
R/o Plot No.-104, Vardhman Apartment, Devi Marg, Bani
Park, Jaipur (Owner Of Flat No.b-407)
2. Gaurav Kukkar S/o Anil Kumar, R/o Flat No.463, Plot
No.2, Guru Apartment, Sector-6, Dwarka, Delhi West
(Owner Of Flat No.b-410).
3. Brijesh Choudhary S/o Ramsaran Choudhary, R/o House
No.60, Kishore Vihar, Heerapura Power House Ke Samne,
Gajsinghpura, Vaishali Nagar, Jaipur(Owner Of Flat No.c-
1111)
4. Prashant Tak S/o Prem Chand Tak, R/o House No.53,
Laxman Marg, Nemi Nagar, Gandhi Path, Vaishali Nagar,
Jaipur (Owner Of Flat No.b-107 And C-1406).
5. Bhanwar Lal Sharma S/o Prahlad Rai Sharma, R/o Plot
No.16, New Cit Road, 4Th Floor, Kolkata. (Owner Of Flat
No.c-1108)
6. Ankit Khicha S/o Prakash Khicha, R/o Plot No.d-3, Ganesh
Colony, Vijay Path, Tilak Nagar, Jawahar Nagar, Jaipur
(Owner Of Flat No.b-806)
7. Vandana Dadoo W/o Amit Gupta, R/o C-99, Vikash Kunj,
Vikashpuri, New Delhi (Owner Of Flat No.d-202)
8. Mathusudhanan Velraj S/o N. Velraj, R/o S-1, Plot No.b-
15, Ekasash Kunj Apartment, Vid Villa Colony, Swaj Farm,
Ram Nagar Extension, Jaipur (Owner Of Flat No.c-908)
9. Manju Khorania W/o Rajendra Prasad Khorania, R/o Tanul
B4B,shri Ram Nagar-B, Khirni Phatak Road, Jhotwara,
Jaipur (Owner Of Flat No.e-1403)
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10. Ramesh Amratlal Patel S/o Amratlal Patel, R/o 22-B
Pratap Nagar 2Nd, Barkat Nagar, Tonk Phatak,
Jaipur(Owner Of Flat No.b-1505).
11. Shubhkamna Properties Pvt. Ltd., Through Director
Chandra Prakash Gulhati S/o Tn Gulati, R/o 234 Officers
Campus, Sirsi Road, Jaipur (Owner Of Flat No.e-1303)
12. M S Poulose S/o M. P. Sharia, R/o Flat No.611, B Block,
Shivgyanenclave, Nirman Nagar, Jaipur (Owner Of Flat
No.b-1509)
13. Ashish Shrivastava S/o Ashok Kumar Srivastava, R/o 43
Privet Drive D Block Flat No 403, Mitcon Road, Balewadi,
Pune- 411045, Maharashtra (Owner Of Flat No.b-808)
14. Shakuntla Biyani W/o Jagdish Prasad Biyani, R/o I-59 2Nd
Floor, Anna Nagar, Chennai (Owner Of Flat No.c-505)
15. Jyotsna Banshiwala W/o Sajjan Kumar Baniwala, R/o
House No. 554, Mahaveer Nagar-2, Kota (Owner Of Flat
No.b-403)
16. Vijay Kumar Dadoo S/o Late Dwarka Das Dadoo, R/o
Vijay Engineers, Bhel Ancillary Estate, Ranipur, Haridwar-
249403 (Owner Of Flat No.d-402)
17. Rachna Dadoo W/o Vijay Kumar Dadoo, R/o 204, Swena
Govindam Apartment 432, M D Road, Jaipur (Owner Of
Flat No.d-502).
18. Prabha Dadoo W/o Vijay Kumar Dadoo, R/o Vijay
Engineers, Bhel Ancillary Estate, Ranipur, Haridwar-
249403 (Owner Of Flat No.d-602)
19. Deepak Shah S/o Dayaram Shah, R/o Hemshree
Apartments. 194Sarat Bose Road Kol-29 Opposite Sarat
Bose Post Office 1St Floor Kolkata-29 (Owner Of Flat
No.c-808).
----Petitioners
Versus
1. Union Of India, Through The Director, Directorate Of
Enforcement Government Of India, Zonal Office, 2Nd
Floor, Jeevan Nidhi-Ii, Lic Building, Bhawani Singh Road,
Jaipur (Rajasthan)-302 005
2. The Deputy Director, Directorate Of Enforcement,
Government Of India, Zonal Office 2Nd Floor, Jeevan
Nidhi-Ii, Lic Building, Bhawani Singh Road, Jaipur
(Rajasthan)-302 005
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3. The State Of Rajasthan Through Additional Inspector
General, (Stamp And Registration), 4Th Floor, Vitth
Bhawan, Jyoti Nagar, Lalkothi, Jaipur
4. M/s Adarsh Buildestate Limited, Its Registered Office At
10Th Floor Tower-9B, Dlf Cyber City, Phase-Iii, Gurgram,
Haryana And Branch Office At Elements Mall, Dcm, Main
Ajmer Road, Jaipur Through Its Authorized Signatory.
(Developer Of The Land In Dispute)
5. Mrs. Madhu Choradia W/o Shri Vinay Choradia, R/o Plot
No.61, Sangram Colony, C-Scheme, Jaipur (Owner Of The
Land In Dispute).
----Respondents
S.B. Civil Writ Petition No. 21131/2019
1. Sanjay Gupta S/o Satyawan Prasad Gupta, Aged About 56
Years, R/o Gupta Farm, Opp. Varun Path, New Sanganer
Road, Mansarowar, Jaipur-302020 (Owner Of Flat No.b-
109)
2. Suman Gupta W/o Subhash Chandra Gupta, R/o 171,
Heera Nagar Dcm Ajmer Road, Jaipur (Owner Of Flat
No.b-1007)
3. Alpana Gupta W/o Vishnu Kumar Gupta, R/o E-29, Gupta
Store Ke Pass, Vaishali Nagar, Jaipur (Owner Of Flat No.b-
907)
4. Alco Enamelled Wireb Wire Mfg Co Pvt Ltd, Through
Director Sanjay Jain, R/o B-525-B, Road No.6, V K I Area,
Jaipur (Owner Of Flat No.b-1105)
5. Deepak Kumar Neotia S/o Bishvanath Neotia, R/o 10A.
Kabir Road, Kolkata (Owner Of Flat No.b-1008)
6. Minu Jain W/o Jinesh Kumar Jain, R/o C/o Sanjog
Treaders Pvt. Ltd. Iiird Floor Suit No.302, 5, Mangoe Len,
Kolkata (Owner Of Flat No.b-1110)
7. Vinita Goyal W/o Deepak Gupta, R/o 139 Basant Vihar,
Scheme No.3, Alwar (Owner Of Flat No.b-705)
8. Sarla Devi Mittal W/o Mangiram Mittal, R/o 4Th Floor,
Priyanka Building, 28, Friends Society, 6Th Road, Jvpds
Scheme, Ville Parle(W) Mumbai (Owner Of Flat No.c-810
And C-910)
9. Mangi Ram Mittal S/o Norang Rai Mittal, R/o 4Th Floor,
Priyanka Building, 28, Friends Society, 6Th Road, Jvpds
Scheme, Ville Parle(W) Mumbai (Owner Of Flat No.c-
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1510)
10. Nisha Agarwal W/o Bal Mukund Agarwal, R/o B-155,
Shivalik Opposite Malviya Nagar, New Delhi At Present R/o
House No 157, Sector 56, Gurugram (Owner Of Flat No.c-
501)
11. Rakesh Kothari S/o Rajendra Kumar Kothari, R/o 568,
Ranka Apartment Flat No.402, Tiwari Ji Ka Bagh, Adarsh
Nagar, Jawahar Nagar, Jaipur At Present R/o A-304, The
Crest, Pune (Owner Of Flat No.c-1408)
12. Amit Arora S/o Dr. K. C. Arora, R/o 1A9, Kamla Nehru
Nagar, Old Housing Board, Pali Marwar, At Present R/o E-
24, Clarion Park Aundh, Pune (Owner Of Flat No.d-503)
13. Ramesh Khandelwal S/o Late Narain Das Khandelwal, R/o
52, Heera Nagar Dcm Ajmer Road Jaipur (Owner Of Flat
No.e-208)
14. Rajesh Kumar Sharma S/o Vidhya Sagar Sharma, R/o 20,
Hospital Road, Sojat Road, Pali, District Pali (Owner Of
Flat No.e-514)
15. Anurag Gaur S/o Shri Kailash Chand Sharma, R/o Kailash
House Nagar Nigam Road, Sanganer, Jaipur (Owner Of
Flat No.e-405)
16. Gajender Singh S/o Bhagh Singh, R/o 130, Jaimal Colony,
Morara, Tehsil Merta, District Nagaur (Owner Of Flat No.f-
402)
----Petitioners
Versus
1. Union Of India, Through The Director, Directorate Of
Enforcement Government Of India, Zonal Office, 2Nd
Floor, Jeevan Nidhi-Ii, Lic Building, Bhawani Singh Road,
Jaipur (Rajasthan)-302 005
2. The Deputy Director, Directorate Of Enforcement,
Government Of India, Zonal Office 2Nd Floor, Jeevan
Nidhi-Ii, Lic Building, Bhawani Singh Road, Jaipur
(Rajasthan)-302 005
3. The State Of Rajasthan, Through Additional Inspector
General, (Stamp And Registration), 4Th Floor, Vitth
Bhawan, Jyoti Nagar, Lalkothi, Jaipur
4. M/s Adarsh Buildestate Limited, Its Registered Office At
10Th Floor Tower-9B, Dlf Cyber City, Phase-Iii, Gurgram,
Haryana And Branch Office At Elements Mall, Dcm, Main
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Ajmer Road, Jaipur Through Its Authorized Signatory.
(Developer Of The Land In Dispute)
5. Mrs. Madhu Choradia W/o Shri Vinay Choradia, R/o Plot
No.61, Sangram Colony, C-Scheme, Jaipur (Owner Of The
Land In Dispute).
----Respondents
S.B. Civil Writ Petition No. 21132/2019
1. Tarun Kumar Taunk S/o Ishwar Lal Taunk, Aged About 47
Years, R/o 52/121, Veer Tejajai Road, Mansarover, Jaipur
(Owner Of Flat No.e-104)
2. Arun Kumar Godika S/o Babu Lal Godika, R/o 607, Bordi
Ka Rasta, Kisanpol Bazar, Jaipur (Owner Of Flat No.c-407)
3. Rajendra Kumar Sureka (Huf), Through Karta Shri
Rajendra Kumar Surekha S/o M.l. Surekha, R/o 47,
Sanjay Marg, Hathroi Scheme, Jaipur (Owner Of Flat
No.c-309)
4. Mamta Dangayach W/o Vishnu Kumar Dangayach, R/o
102, Akshat Apartment, D-235 Bihari Marg, Bani Park,
Jaipur 302016 (Owner Of Flat No.c-212)
5. Ashok Kumar Badaya S/o Harsahay Badaya, R/o House
No.36, Adarsh Krishan Nagar, Kartarpura, Jaipur (Owner
Of Flat No.c-1206)
6. Mukesh Kumar Badaya S/o Harsahay Badaya, R/o House
No.36, Adarsh Krishan Nagar, Kartarpura, Jaipur (Owner
Of Flat No.c-1207)
7. Priyanka Patni W/o Nitin Patni, R/o Sb-10, Ganesh Marg,
Bapu Nagar, Jaipur At Present R/o Gs09, Simprug Indah
Apartments, Jl. Arteri Raya, Kebayoran Lama, Jakarta
Selatan, Jakarta, Indonesia (Owner Of Flat No.c-406)
8. Deepak Bhutani S/o Suresh Bhutani, R/o A-36, Flat No.
501, Perl Akshita Apartment, Tilak Nagar, Jaipur (Owner
Of Flat No.b-1107)
9. Neetu Seth W/o Upnish Seth, R/o Fn 204, B-134, Pearl
Pleasure, Rajendra Marg Bapu Nagar, Jaipur (Owner Of
Flat No.b-908)
10. Pradeep Kumar Agarwal S/o Ram Avtar Agarwal, R/o E-
501, C-2 Balaji Markt, Anandpur, Kota, At Present R/o
H.no. 19, Old Jawahar Nagar, Danbari, Kota (Owner Of
Flat No.b-502)
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11. Bhawani Shankar Sharma S/o Dungarmal Sharma, R/o
Anand Nagar, Near Vishvnath Temple, Sikar (Owner Of
Flat No.d-403).
12. Ranita Gangwal W/o Dinesh Kumar Gangwal, R/o Baisaah
Darwaza, Ward No.18, Gangapur, Bhilwara, At Present
R/o D12, Chandra Courtyard, Chandra Vihar Colony, Near
Cimfr, Bartand, Dhanbad (Owner Of Flat No.e-1208)
13. Pooja Shah W/o Naresh Shah, R/o 1A111, Shiv Shakti
Colony, Shastri Nagar, Jaipur. (Owner Of Flat No.e-1414)
14. Hamesh Bhagchand Seth S/o Bhag Chand Seth, R/o Flat
No.b-502, Ridhi Raj Agency, Plot No.b-131-132, Vijay
Path, Tilak Nagar, Jaipur (Owner Of Flat No.e-1513)
15. Deepika Jain W/o Dinesh Kumar Jain, R/o 10-B, Sudama
Marg, Brahampuri, Jaipur (Owner Of Flat No.e-814)
16. Satya Narayan Dangayach S/o Kanhaiyalal Dangayach,
R/o A-34, Janta Colony, Jawahar Nagar, Jaipur (Owner Of
Flat No.e-707)
17. Amit Shah S/o Pawan Kumar Shah, R/o 1B32, Lalita
Shastri Nagar (Shiv Shakti Colony) Jaipur (Owner Of Flat
No.e-1407)
18. Alka Bhargava W/o Pankaj Bhargava, R/o H-12,
Chitranjan Marg, Len Opposite Arg Office, C-Scheme,
Jaipur (Owner Of Flat No.e-1003)
19. Raja Ram Singh S/o Jagnath Singh, R/o Nc-43, Jk Puram
Colony, Basantgarh, Pindwada, Sirohi, At Present R/o A-
302, Shrimad Residency, Sargasan Cross Road, Sargasan,
Gandhinagar, Gujarat, 382421 (Owner Of Flat No.e-310)
----Petitioners
Versus
1. Union Of India, Through The Director, Directorate Of
Enforcement Government Of India, Zonal Office, 2Nd
Floor, Jeevan Nidhi-Ii, Lic Building, Bhawani Singh Road,
Jaipur (Rajasthan)-302 005
2. The Deputy Director, Directorate Of Enforcement,
Government Of India, Zonal Office 2Nd Floor, Jeevan
Nidhi-Ii, Lic Building, Bhawani Singh Road, Jaipur
(Rajasthan)-302 005
3. The State Of Rajasthan, Through Additional Inspector
General, (Stamp And Registration), 4Th Floor, Vitth
Bhawan, Jyoti Nagar, Lalkothi, Jaipur
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4. M/s Adarsh Buildestate Limited, Its Registered Office At
10Th Floor Tower-9B, Dlf Cyber City, Phase-Iii, Gurgram,
Haryana And Branch Office At Elements Mall, Dcm, Main
Ajmer Road, Jaipur Through Its Authorized Signatory.
(Developer Of The Land In Dispute)
5. Mrs. Madhu Choradia W/o Shri Vinay Choradia, R/o Plot
No.61, Sangram Colony, C-Scheme, Jaipur (Owner Of The
Land In Dispute).
----Respondents
S.B. Civil Writ Petition No. 21522/2019
Deepika Jain Wife Of Shri Vikas Jain, Aged About 32 Years,
Resident Of Flat No. B-402, Fourth Floor, Sky Terraces, V. T.
Road, Shipra Path Corner, Mansarover, Jaipur.
----Petitioner
Versus
1. Union Of India, Through The Director, Directorate Of
Enforcement, Government Of India, Zonal Office, 2Nd
Floor, Jeevan Nidhi - Ii, Lic Building, Bhawani Singh Road,
Jaipur (Rajasthan) - 302 005
2. The Deputy Director, Directorate Of Enforcement,
Government Of India, Zonal Office, 2Nd Floor, Jeevan
Nidhi - Ii, Lic Building, Bhawani Singh. Road, Jaipur
(Rajasthan) - 302 005.
3. The State Of Rajasthan, Through Additional Inspector
General, (Stamp And Registration), 4Th Floor, Vitth
Bhawan, Jyoti Nagar, Lalkothi, Jaipur.
4. The Executive Officer, (In The Matter Of M/s Adarsh
Thought Works Pvt. Ltd) Sh. Shyam Murari Nigam (Retd.
Member Cbdt) Elements Mall, Near Dcm Market Ajmer
Road, Jaipur (Rajasthan) - 302 021.
5. M/s Adarsh Thought Works Pvt. Ltd., Elements Mall, Near
Dcm Market, Ajmer Road, Jaipur (Rajasthan) Through
Director/ Administrator.
6. M/s Vipul Premises Llp., 5 Jha 18, Jawahar Nagar, Jaipur
(Rajasthan) Though Its Director.
----Respondents
S.B. Civil Writ Petition No. 21523/2019
1. Smt. Sunita Jain Wife Of Sushil Kumar Shah, Aged About
44 Years, Resident Of A-2101, Sky Terraces, V. T. Road,
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Shipra Path Corner, Mansarover, Jaipur.
2. Sushil Kumar Shah Son Of Bal Chand Shah, Aged About
48 Years, Resident Of A-2101, Sky Terraces, V. T. Road,
Shipra Path Corner, Mansarover, Jaipur.
----Petitioners
Versus
1. Union Of India, Through The Director, Directorate Of
Enforcement, Government Of India, Zonal Office, 2Nd
Floor, Jeevan Nidhi - Ii, Lic Building, Bhawani Singh Road,
Jaipur (Rajasthan) - 302 005
2. The Deputy Director, Directorate Of Enforcement,
Government Of India, Zonal Office, 2Nd Floor, Jeevan
Nidhi - Ii, Lic Building, Bhawani Singh. Road, Jaipur
(Rajasthan) - 302 005.
3. The State Of Rajasthan, Through Additional Inspector
General, (Stamp And Registration), 4Th Floor, Vitth
Bhawan, Jyoti Nagar, Lalkothi, Jaipur.
4. The Executive Officer, (In The Matter Of M/s Adarsh
Thought Works Pvt. Ltd), Sh. Shyam Murari Nigam (Retd.
Member Cbdt) Elements Mall, Near Dcm Market Ajmer
Road, Jaipur (Rajasthan) - 302 021.
5. M/s Adarsh Thought Works Pvt. Ltd., Elements Mall, Near
Dcm Market, Ajmer Road, Jaipur (Rajasthan) Through
Director/ Administrator.
6. M/s Vipul Premises Llp., 5 Jha 18, Jawahar Nagar, Jaipur
(Rajasthan) Though Its Director.
----Respondents
S.B. Civil Writ Petition No. 7499/2020
Praveen Taneja S/o Shri Vidhi Chand Taneja, R/o Sl 3 Income
Tax Colony, Durgapura, Jaipur-302018, Rajasthan.
----Petitioner
Versus
1. Union Of India, Through The Director, Directorate Of
Enforcement Government Of India, Zonal Office, 2Nd
Floor, Jeevan Nidhi- Ii, Lic Building, Bhawani Singh Road,
Jaipur (Rajasthan)-302 005.
2. The Deputy Director, Directorate Of Enforcement,
Government Of India, Zonal Office, 2Nd Floor, Jeevan
Nidhi- Ii, Lic Building, Bhawani Singh Road, Jaipur
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(Rajasthan)-302 005.
3. The State Of Rajasthan, Through Additional Inspector
General (Stamp And Registration), 4Th Floor, Vitth
Bhawan, Jyoti Nagar, Lalkothi, Jaipur.
4. The Executive Officer (In The Matter Of M/s Adarsh
Thoughtworks Private Limited), Sh. Shyam Murari Nigam
(Retd. Member Cbdt), D-123, Grace Complex, Near
Lazeez Restaurant, Jaipur 302019.
5. M/s Adarsh Thoughtworks Private Limited, Having Branch
Address At D-123, Grace Complex, Near Lazeez
Restaurant, Jaipur 302019.
6. M/s Vipul Premises Llp, Having Registered Address At 5
Jha 18, Jawahar Nagar, Jaipur (Rajasthan) 302004.
----Respondents
For Petitioner(s) : Ms. Neetu Bhansali, Adv.
Mr. S.K. Bansal, Adv.
Ms. Vijaylaxmi Gauttam, Adv.,Ms.
Dipti Agarwal, Adv., Ms. Muskan
Goyal, Adv.
Mr. Nitin Jain, Adv.
Ms. Mudita Sharma, Adv.
For Respondent(s) : Mr. R.D. Rastogi, Additional Solicitor
General of India with Mr. Anand
Sharma, Adv.
Mr. Jaivardhan Singh Shekhawat, Adv.
on behalf of Major R.P. Singh, AAG.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
11/07/2022
These writ petitions have been filed by the petitioners mainly
feeling aggrieved against the letter issued under Section 50(2)(3)
and Section 54 of the Prevention of Money Laundering Act, 2002,
(hereinafter referred to as 'the Act of 2002'), whereby the
Additional Inspector General (Stamps & Registration), Jaipur was
informed of not registering the documents relating to certain
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immovable properties, said to be belonging to one M/s Adarsh
Credit Co-operative Societies Limited.
Some of the petitioners also feel aggrieved against
provisional attachment orders issued under Section 5 of the Act of
2002.
S.B. Civil Writ Petition No.7499/2020, additionally challenges
the order dated 08.07.2020, attaching the property of the
petitioner.
Learned Additional Solicitor General of India-Mr. R.D.
Rastogi, appearing for the respondent, submitted that the present
writ petitions filed before this Court are not maintainable and
there is concealment of important fact before this Court as
petitioners have not disclosed in the present petitions that the
provisional attachment order passed against the petitioners, was
confirmed by Adjudicating Authority vide order dated 31.03.2020.
Learned Additional Solicitor General submitted that all the
petitions, except S.B. Civil Writ Petition No.7499/2020, were filed
in November, 2019 & December, 2019 and none of the petitioners
had informed this Court that provisional attachment order under
Section 5, was passed on 07.10.2019.
Learned Additional Solicitor General further submitted that
the petitioners in S.B. Civil Writ Petition Nos.21522/2019 &
21523/2019, have also not disclosed the fact of filing appeal
against the order passed under Section 8 of the Act of 2002 and
appeals are pending for adjudication before the Appellate Forum.
Learned Additional Solicitor General further submitted that
the petitioners only in the garb of challenging notices issued
against them, have not even taken care to place on record the
subsequent developments which have taken place, and as such,
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none of them has challenged the final attachment order passed
under Section 8 of the Act of 2002 dated 31.03.2020 before this
Court.
Learned Additional Solicitor General submitted that if at all
any petitioner has grievance in respect of the final attachment
order, issued under Section 8 of the Act of 2002, present writ
petition is not appropriate remedy and the remedy provided under
the law i.e. the Act of 2002, can be exercised by any person, who
is aggrieved against the order passed under Section 8 of the Act of
2002.
Learned counsel-Mr. Nitin Jain appearing for the petitioners
in S.B. Civil Writ Petition Nos. 21522/2019 & 21523/2019, submitted that the petitioners have approached the Appellate Forum against the order of final attachment passed against them, however, the issue of locus and jurisdiction has been raised by the respondents there also, and as such, this Court under Article 226 of the Constitution of India, is required to consider these matters.
Learned Additional Solicitor General submitted that the issue of jurisdiction and locus, if has been raised before the Appellate Forum, it would be the Appellate Forum, which will decide the issue after hearing both the sides and this Court only on the ground of raising their objections before the Appellate Authority, may not entertain the writ petition.
Learned counsel-Ms. Mudita Sharma appearing for the petitioner in S.B. Civil Writ Petition No.7499/2020, submitted that the remedy provided to the aggrieved person, is by way of appeal before the Appellate Forum and to consider the grievance of the petitioner in respect of final attachment order, but same is not in place and there is no Appellate Authority which is functional, and (Downloaded on 25/12/2022 at 01:44:52 AM) (18 of 19) [CW-21066/2019] as such, this Court is required to consider the grievance of the petitioner.
Learned counsel-Ms. Neetu Bhansali appearing for some of the petitioners, submitted that though the petitioners have approached this Court in individual capacity, however, the society of flat owners, have already approached the Appellate Forum but no hearing has taken place.
I have heard the submissions made by learned counsel for the parties and perused the material available on record.
This Court finds that in the present bunch of petitions, the petitioners are feeling aggrieved against the letter as well as provisional attachment order which have been issued by the Authority.
This Court, finds that after filing of writ petitions, the Authorities have passed order, under Section 8 of the Act of 2002, and as such, the final attachment order has been issued.
This Court, finds that none of the petitioners have ever made any application in their petitions for amendment, and as such, this Court has to consider as whether these writ petitions can be heard by this Court in view of final attachment orders, which have already been passed by the Authorities on 31.03.2020.
This Court, finds that the relief sought in the present writ petitions, cannot be granted by this Court as their final attachment orders are not under challenge.
This Court finds substance in the submissions of learned ASG-Mr. R.D. Rastogi that the relief which has been sought in these writ petitions cannot be granted to the petitioners.
This Court further finds that during pendency of the writ petitions, if the final attachment order has been issued and the (Downloaded on 25/12/2022 at 01:44:52 AM) (19 of 19) [CW-21066/2019] petitioners feel aggrieved against such order, then they are required to take necessary remedy to assail the same orders under the law.
This Court, accordingly, dismiss these writ petitions with liberty to the petitioners to take appropriate legal remedy for challenging the subsequent orders, which have been passed by the Authority, wherein final attachment orders have been passed.
The issue of locus and jurisdiction raised by the respondents before the Appellate Forum, can always be decided after hearing both the parties as per law.
A copy of this order be separately placed in each petition.
(ASHOK KUMAR GAUR),J Ramesh Vaishnav/86 10-18 (Downloaded on 25/12/2022 at 01:44:52 AM) Powered by TCPDF (www.tcpdf.org)