Petitioner challenged a demolition notice issued by the Jaipur Development Authority under Article 226 without exhausting the statutory remedy of appeal before the Appellate Tribunal. The High Court dismissed the petition.
Petition dismissed and liberty granted to file statutory appeal before the Appellate Tribunal.
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[2023:RJ-JP:36563]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 481/2016
Heeralal Jangid S/o Shri Raghunath Jangid, Plot No. 14B, Shivpuri, Near Rajawas, Chomu Road, Jaipur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : None. For Respondent(s) :
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
29/11/2023
following prayer:
“(i) by an appropriate writ, order or direction, the impugned notice dated 29/12/2015 (Anex.4) may kindly be quashed and set aside directing the respondent JDA not to demolish the pakka construction of the petitioner and issue patta to the petitioner as was given by the respondent JDA to other colonies chalked on SC/ST land.
(ii) Any other order which this Hon’ble Court considers expedient, just and proper in the facts and circumstances of the case may kindly be granted in favour of the petitioner; and (iii) Cost of this writ petition may kindly be awarded in favour of the humble petitioner.”
challenged the validity of the notice dated 29.12.2015 issued by
[2023:RJ-JP:36563]
[CW-481/2016]
(2 of 2)
The Jaipur Development Authority, Jaipur by which a direction has been issued to the petitioner to demolish the illegal and unauthorized construction raised by him over the land in question. 3. Admittedly, the impugned notice dated 29.12.2015 is appealable before the Appellate Tribunal, Jaipur Development Authority, but without availing alternative statutory remedy of filing appeal before the Appellate Tribunal, the petitioner has straightaway approached this Court by way of filing this petition under Article 226 of the Constitution of India by-passing the jurisdiction of the Appellate Authority.
(ANOOP KUMAR DHAND),J
KuD/41
Colour shows how this judgement treated each authority
Constitution of IndiaReferred¶23
Article 226 of the Constitution of India
Heeralal Jangid
Jaipur Development Authority
Anoop Kumar Dhand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
