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Ramgopal Agarwal Vs State of Raj and Ors. — Landlord and Tenant | Rajasthan HC (2023)

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Rajasthan HC
2023
Ramgopal Agarwal Vs State of Raj and Ors.Ramgopal Agarwal v. State of Raj and Ors.

Dismissed

Ramgopal Agarwal v. State of Raj and Ors.

Rajasthan HC19 May 2023CW/1114/2008

Case brief

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What is this about?

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What did the court decide?

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What the court decided

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A

[2023/RJJPlO11764]

[CW-1114/2008]

FOR RAJASTHAN BENCH AT JAIPUR

HIGH COURT OF J

S.B. Civil Writ Petition No. 111412008

Ramgopal Agarwal S/o Shri Madan Lal, B/c Mahajan, 17, Sahkar Nagar, Jhotwara, Jaipur

----Petitioner

Versus

The State Of Rajasthan Through Its Secretary, Local Self Department, Government Secretariat, Jaipur

Jaipur Municipal Corporation Through Its Chief Executive Officer, Lal Kothi, Jaipur

3. Mayor, Jaipur Municipal Corporation, Lal Kothi, Jaipur 4. Commissioner, Moti Dungari Zone, Jaipur Municipal Corporation, Jaipur

----Respondents

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the writ petition was maintainable despite allegations of delay and laches arising from a decade-old claim regarding allotment of a plot.
2.
Whether the writ petition can be withdrawn with liberty to pursue an alternate remedy before the District Consumer Forum.

Parties & counsel

AI extract

petitioner
Ramgopal Agarwal
respondent
The State Of Rajasthan
respondent
Jaipur Municipal Corporation

Coram

AI extract

Case details

As recorded by the court registry

Court: Rajasthan HC
Decided on: 19 May 2023 · May
Registered: 4 Feb 2008
Case no.: CW/1114/2008

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Cite this judgement

Ramgopal Agarwal v. State of Raj and Ors., CW/1114/2008 (RJ), decided on 19 May 2023.

The High Court of Rajasthan publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Sameer Jain

Parties & counsel

Outcome

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Issue for consideration

Whether the writ petition was maintainable despite allegations of delay and laches arising from a decade-old claim regarding allotment of a plot. +1 more

Detailed headnote1 paragraphs

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A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

For Petitioner(s) : Mr. Shashi husha an Gupta with Ms. Sudha Gupta For Respondent(s) : Mr. Nalin G. Narain, AGC

HON'BLE MR. JUSTICE SAMEER JAIN

Order

The present writ petition was filed with the following prayer: "It is therefore most humbly and respectfully prayed that your lordship may very graciously be pleased to call for the record, admit/allow this writ petition and be further pleased to issue an appropriate writ, order or direction in the nature of:

(i) declaring the action of the respondents in not giving possession of the plot mno. 118, Gandhi Vihar Scheme, Sanganer, Jaipur and in not issuing allotment letter of the plot in question in favour of the petitioner to be illegal and unconstitutional and the same may kinilly be quashed and set aside and directing the respondents to immediately give possession and issue allotment letter of the plot in question to the petitioner;

[2023/RJJP/011764]

[CW-1114/2008]

(ii) restraining the from se//ing/auctioning/real/otting/transferring the plot No. 11 8, Gandhi Vihar Scheme, Sanganer, Jaipur in favour of any other person/partyf'

At the outset, learned counsel for the respondent has raised serious objections regarding the maintainability of the present writ petition on account of delay and laches. It is submitted that the Scheme in pursuant to which the application was made by the petitioner was issued in 1993. The application was also filed by the petitioner in 1993. Thereafter, the petitioner approached the District Consumer Forum, Jaipur-I1 in 2003, i.e. after a decade, for redressal of this same grievance and the complaint of the petitioner was registered as Complaint No. 17212003. The said complaint was also dismissed vide order dated 01.02.2003 and the petitioner then filed this writ petition in the year 2008, i.e. after another gap of over five years. Learned counsel for the respondent contends that the present petition is liable to be dismissed on delay and laches alone and that this Court need not even go into the merits of the case.

Learned counsel for the petitioner submits that the actions of the petitioner was delayed because the file/record was lost from the office of Municipal Corporation. The petitioner was only able to secure the relevant record after the Right to Information Act, 2005 came into force. Learned counsel submits that even the complainant before the District Consumer Forum was decided against the petitioner on account of lack of evidence as the petitioner was not in possession of the relevant record before 2005.

Learned counsel, after arguing for a while, seeks permission to withdraw the present writ petition with liberty to file his

[2023/RJJP/011764]

[CW-1114/20081

grievance/complaint before thF''%ppropriate District Consumer Forum with new set of evidences as made available to the petitioner after the enactment of Right to Information Act, 2005. 5. Accordingly, the present petition is dismissed as withdrawn with liberty to avail alternate remedy in accordance with law. Pending application(s), if any, shall stand disposed of.

(SAMEER JAIN),J

Sameer Jain

CNR

RJHC020173932008

Topic

Landlord and Tenant

Bench

Disposal

DISMISSED

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