Rajasthan High Court - Jodhpur
Rajasthan High Court Advocates ... vs State Of Rajasthan on 13 December, 2022
Bench: Sandeep Mehta, Kuldeep Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 13855/2021
Rajasthan High Court Advocates Association
----Petitioner
Versus
The State Of Rajasthan
----Respondent
Connected With
D.B. Civil Writ Petition No. 3693/2022
For Petitioner(s) : Mr. Anil Kumar Bhandari
For Respondent(s) : Mr. Sunil Beniwal, AAG
Mr. Sandeep Shah, Sr. Advocate-cum-
AAG assisted by
Mr. Abhimanyu Singh
Mr. B.P. Bohra
Mr. Nishant Bapna
Mr. M.S. Bhati
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE KULDEEP MATHUR Order 13/12/2022 (In D.B. Civil Writ Petition No. 13855/2021) List alongwith the connected matter on 06.01.2023. (In D.B. Civil Writ Petition No. 3693/2022) Through this writ petition in the nature of public interest litigation, the petitioner has sought directions upon the respondents to set up various tribunals constituted under the Central and State Acts at Jodhpur. It may be noted that considering a similar controversy in the Writ Petition No.13855/2021, this Court passed an order dated 19.07.2022 and directed the State Government to establish a permanent Bench of the Rajasthan Civil Services Appellate Tribunal at Jodhpur. The (Downloaded on 14/12/2022 at 12:19:32 AM) (2 of 3) [CW-13855/2021] said order has been complied with and the permanent Bench of the Rajasthan Civil Services Appellate Tribunal has been notified at Jodhpur. It is, however, pointed out that there are issues and shortcomings relating to infrastructural facilities which are hindering proper functioning of the Tribunal. We expect that the State Government shall advert to and resolve these issues at the earliest.
Shri Bhandari submits that as per Section 77 of the Jodhpur Development Authority Act, 2009, the State Government is required to constitute a Tribunal (JDA Appellate Tribunal) at Jodhpur. This Court is apprised that rules for this purpose have already been notified on 05.09.2017.
In this background and considering the mandate of the statute, it is apparent that the State Government is under an obligation to establish the Appellate Tribunal under Section 77 of the JDA, Act at Jodhpur. Nearly 13 years have passed since the JDA Act came into force and five years have gone by since the Rules were notified. Shri Shah to take instructions in this regard. We hereby direct Government of Rajasthan to forthwith initiate steps for setting up the JDA Appellate Tribunal as per Section 77 of the JDA Act, 2009 at Jodhpur.
On the previous date of hearing, Shri Shah had sought time for responding to the demand of the petitioner to set up the RERA Authority and RERA Appellate Tribunal at Jodhpur. Shri Shah prays for short opportunity to submit the State's response regarding setting up of these tribunals at Jodhpur.
Shri Mukesh Rajpurohit, learned Dy.S.G., shall also take instructions from the concerned authorities of U.O.I. for setting up (Downloaded on 14/12/2022 at 12:19:32 AM) (3 of 3) [CW-13855/2021] the Benches of various tribunals constituted under the Central Statutes at Jodhpur.
Renotify on 06.01.2023.
(KULDEEP MATHUR),J (SANDEEP MEHTA),J
110-111 Pramod/Divya/-
(Downloaded on 14/12/2022 at 12:19:32 AM)
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