Disposed

J D a Jaipur v. Vijay Kumar Data and Anr.

Rajasthan HC7 Dec 2016CW/6901/2008

Case brief

AI extract

What is this about?

The High Court set aside an impugned order directing consideration of a non-petitioner's case in reference to a 2001 circular. The court ruled that the non-petitioner Vijay Kumar Data is at liberty to pursue his cause under Article 142 or subsequent judgments, while denying the petitioner the right to regularisation of land in Lal Kothi Scheme, Jaipur.

What did the court decide?

The impugned order was set aside; the non-petitioner was at liberty to pursue his cause under Article 142 or subsequent judgments.

J D a Jaipur Vs Vijay Kumar Data and Anr. — Pension and Retirement Benefits | Rajasthan HC (2016)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B.CIVIL WRITS NO. 2549 / 2009

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laipur Development Authority, Jaipur through its Secretary, Ram Kishore Vyas Bhawan, J.L.N. Marg, Jaipur (Raj.)

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Versus

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Vijay Data S/o Shri Niranjan Lal Data, by caste Mahajan, R/o Bhagwati Sadan, Dyanand Marg, Alwar (Raj.)

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The Appellate Tribunal Jaipur Development Authorirty, Ram Kishore Vyas Bhawan, J.L.N.,MargtSJaipur (Raj.) .% A. fB '"- " a r4 > 4 <%& \ 4 ,- .P. . = & , , :, ----Respondent ?,% ~-' %* , Connected With f-gi? P S.B.0IVIL WRITS No. 6901 **-T3_** / 2008

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*+ -T3

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Jaipur Development Ram Kishore Vyas Bha

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Vijay Kumar Data Mahajan, R/o Bhag

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The Appellate Kishore Vyas Bhawan,

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----Respondent

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S.B.CIVIL WRITS N q@ y-& Y33T3' =\ Jaipur Development ~ty, r Jalpnn through its Secretary, Ram Kishore Vyas Bhawan, J.L.N. Marg, Jaipur (Raj.)

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\ Versus

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Vijay Data S/o Shri Niranjan Lal Data, by caste Mahajan, R/o Bhagwati Sadan, Dyanand Marg, Alwar (Raj.)

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The Appellate Tribunal Jaipur Development Authorirty, Ram Kishore Vyas Bhawan, J.L.N. Marg, Jaipur (Raj.)

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For Petitioners : Mr Amit Kuri For Respondents : Mr Ashok Gaur, Sr Advocate with Mr Amol Vyas and Mr Darsh S Pareek

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HON'BLE MR. JUSTICE M.N. BHANDARI

Judament

07/12/2016

at length by learned

T A challencre is made to the order ofvthe Jaipur

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Development Author ipur (for short 'the tribunal') in referen e Apex Court in the case of Narpat Sin velopment Authority & anr, AIR 2002 SC 2036. of another judgment in the case of non-petitio ar Data in Civil Appeal No.737412003 de rt on 12.7.2011 has also been given. T ecision of the State Government dated 6.?%:.2:@$$has?~5n . ii \a quashed. In view of the aforesaid, the direction of the tribunal for consideration of the case of the non-petitioner in reference to the circular dated 6.12.2001 cannot be given effect. Many other arguments were raised by learned counsel for the petitioner-IDA.

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Learned counsel for respondent-Vijay Kumar Data

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submits that he may be perfitted to withdraw the appeal

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preferred before the tribunal and, accordingly, the order challenged herein would go. It may, however, with liberty to espouse the cause which survives in reference to the judgment in the case of Narpat Singh (supra). Therein, in reference to Article 142 of the Constitution of India, certain benefits have been extended. The reply of the IDA before the tribunal shows allotment of plot measuring 250 square yards.

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t ps j-i;/. &"y% -p"& '-8 2 ~earne"dounse1 for the petitlonefqD4 has contested 12 1 '-? e=-,d b _f';_ icB , +A 4% . the ,a'fQresaid,! It is submitted that let the $zg-pettioner .l"-" %+GJ, c2\ . withdraw the appeal preferred before the tribunal and, wlth the

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The non-petitioner may pursue his caus t without giving any the case of Narpat

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Singh (supra).

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bove, non-petitionerVijay Kumar Data ithdraw the appeals -3. 1 preferred before the tEim)ppilfxifl@ the aforesaid, orders 48'. u vbr impugned herein is set aside. The non-petitioner-Vijay Kumar Data would be at liberty to take appropriate course in reference to the judgment in the case of Narpat Singh (supra) or the legal provisions.

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It is made clear that the issue raised before the

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tribunal for regularisation of Me land in Lal Kothi Scheme,

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Jaipur would not be available. It would be governed by the judgment in the case of Narpat Singh (supra) and subsequent judgment in the case of non-petitioner Vijay Kumar Data (supra).

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With the aforesaid directions/ observations, all the

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three writ petition stand disposed of.

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i l
1' t
C
4!
order be placed in file.
(M.N. BHANDAR1)J.
bnsharma

J D a Jaipur v. Vijay Kumar Data and Anr.

Case brief

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J D a Jaipur v. Vijay Kumar Data and Anr.

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