Petitioner challenged illegal commercial construction via writ. Court held that factual construction disputes are unsuitable for writ jurisdiction, especially via video confercing, and denied relief.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3979/2020
Khurshid Ahmed Khan Son Of Late Shri Iftikhar Ahmed Khan, Aged About 60 Years, Resident Of 114, Heera Nagar-A, Near Heerapura Higher Secondary School, Ajmer Road, Jaipur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Mahendra Shandilya Mr. Amit Jindal For Respondent(s) :
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
13/05/2020
Learned counsel for the petitioner submits that there is an illegal commercial construction in his nearby area.
The question regarding the construction and illegality of construction are factual aspects which are not to be examined in writ jurisdiction specially where the cases are being heard through
(2 of 2)
[CW-3979/2020]
video conferencing. The petitioner is always free to file civil suit before the appropriate court.
Granting the aforesaid liberty, the writ petition is dismissed. If such a suit is being filed, the concerned District Judge is expected to pass order at the earliest.
(SANJEEV PRAKASH SHARMA),J
Anu/36
1 issue framed by the court
Whether factual disputes regarding illegal commercial construction can be examined in writ jurisdiction heard via video conferencing.
Khurshid Ahmed Khan
State Of Rajasthan
Jaipur Development Authority
Shri Suraj Sharma
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
