Dismissed

Rambagh Golf Club v. State of Rajasthan

Rajasthan HC11 Dec 2023CW/3569/2020

Case brief

AI extract

What is this about?

The petitioner filed a writ petition through the Rambagh Golf Club against a notice by Jaipur Development Authority. As the order was appealable before a statutory Appellate Authority, the Court held that the writ petition is not maintainable since the petitioner cannot bypass available statutory remedies.

What did the court decide?

Writ petition dismissed on grounds of maintainability with liberty to file statutory appeal within one month.

Rambagh Golf Club Vs State of Rajasthan — Civil Procedure and Limitation | Rajasthan HC (2023)

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[2023:RJ-JP:39821]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 3569/2020

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Rambagh Golf Club, Bhawani Singh Road, Ambedkar Circle, Jaipur (Rajasthan) through its Honorary Secretary, Shri Shriesh Sacheti Son of Shri Shanti Chand Sacheti.

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----Petitioner

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Versus

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State of Rajasthan, through the Chief Secretary, Government Secretariat, Jaipur (Rajasthan).

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The Principal Secretary, Urban Development and Housing Department, Government Secretariat, Jaipur (Rajasthan).

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The Commissioner, Jaipur Development Authority, Jawahar Lal Nehru Marg, Jaipur (Rajasthan).

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The Enforcement Officer, Zone-10, the Jaipur Development Authority, Jawahar Lal Nehru Marg, Jaipur (Rajasthan).

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----Respondents

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For Petitioner(s) : None present

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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11/12/2023

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Aggrieved by the notice dated 07.02.2020 issued by the Jaipur Development Authority, Jaipur, (for short ‘the JDA’), the instant writ petition has been filed by the petitioner.

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Admittedly, the aforesaid notice/order issued by the JDA is appealable before the statutory Appellate Authority but without available the remedy of filing statutory appeal before the Appellate Authority, the instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India.

(2 of 2)

[2023:RJ-JP:39821]

[CW-3569/2020]

It is well settled proposition of law that whenever alternative statutory remedy is available to a person, he cannot be allowed to bypass the jurisdiction of the Appellate Authority.

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In view of the above, the instant writ petition stands dismissed on this count alone granting liberty to the petitioner to file statutory appeal before the Appellate Authority within a period of one month from today. In case, any appeal is submitted within a period of one month from today, the Appellate Authority is directed to hear and decide the same after affording opportunity of hearing to all the respective parties strictly in accordance with law expeditiously, ignoring the period of limitation.

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Stay application and all application(s) (pending, if any) also stand dismissed.

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(ANOOP KUMAR DHAND),J

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MR/18

Rambagh Golf Club v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rambagh Golf Club v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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