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Ridhi Sidhi Home Developers Pvt. Ltd. v. State of Rajasthan

Rajasthan HC6 Aug 2024CW/1471/2024

Case brief

AI extract

What is this about?

The High Court directed the Urban Improvement Trust, Sri Ganganagar, to consider the petitioner's application dated 15.07.2024 and pass appropriate orders regarding the cancellation of the commercial patta within four weeks, despite the pendency of other related writ petitions challenging similar grants.

What did the court decide?

Direction to the Urban Improvement Trust to consider the application dated 15.07.2024 and pass appropriate orders within four weeks.

Ridhi Sidhi Home Developers Pvt. Ltd. Vs State of Rajasthan — Land Acquisition | Rajasthan HC (2024)

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[2024:RJ-JD:32751]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 1471/2024

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Ridhi Sidhi Home Developers Pvt. Ltd., Through Its Director Shri Mukesh Shah S/o Shri Shiv Prasad Shah, Aged About 46, R/o Rs08, Ridhi-Sidhi Enclave, Chak-2 Ml, Sri Ganganagar (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through The Principal Secretary, Department Of Urban Development And Housing, Secretariate, Jaipur (Raj.).

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Urban Improvement Trust, Sri Ganganagar, Through The Secretary, Uit Campus, Sri Ganganagar (Raj.).

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----Respondents

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For Petitioner(s)	: Mr. Sandeep Shah, Sr. Advocate
	assisted by Mr. B.S. Sandhu a/w
	Mr. Nitin Goklani and Mr. Abhimanyu
	Singh and Mr. Divik Mathur
For Respondent(s)	: Mr. Dron Kaushik for respondent UIT

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JUSTICE DINESH MEHTA

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Order

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06/08/2024

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By way of present writ petition, the petitioner has challenged the order dated 25.10.2023, whereby its application for cancelling the conversion order and commercial pattas has not been considered in view of the pendency of two writ petitions being S.B. Civil Writ Petition No.14504/2023 (Jitendrapal Singh Vs. State of Rajasthan & Ors.) and S.B. Civil Writ Petition No.13903/2023 (Varun Gupta & Ors. Vs. State of Rajasthan & Ors.).

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The matter comes up for consideration of the application which has been filed by the petitioner for appropriate directions.

[2024:RJ-JD:32751]

[CW-1471/2024]

(2 of 3)

Mr. Shah, learned senior counsel appearing for the petitioner submitted that on 15.07.2024, the petitioner moved an application before the Urban Improvement Trust (UIT), Sriganganagar that the conversion order and concerned patta be cancelled and since the land in question is in Institutional Area, the company be allowed to use the land for institutional purposes in accordance with law and the commercial conversion be changed to Institutional purpose.

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In other two writ petitions (SBCWP Nos.14504/2023 and 13930/2023), the petitioners have challenged the grant of patta to the present petitioner inter-alia on various grounds including the ground that commercial conversion is impermissible in the area as the same has been shown as institutional area in the master plan.

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The petitioner herein - Ridhi Sidhi Home Developers Private Limited moved the subject application and sought cancellation of the conversion order and patta with a corresponding prayer that the petitioner be permitted to use the land in terms of the scheme prescribed under the Mater Plan.

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In the opinion of this Court, when the petitioner itself has prayed that the conversion of its land (commercial) be cancelled/reviewed, the pendency of two writ petitions referred hereinabove should not have come in the way of UIT, Sriganganagar - the UIT ought to have decided the application in accordance with law.

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Be that as it may.

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The present writ petition is disposed of with a direction to the UIT, Sriganganagar to consider petitioner’s application dated

[2024:RJ-JD:32751]

[CW-1471/2024]

(3 of 3)

15.07.2024 for cancelling the commercial patta in accordance with law.

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The Secretary, Urban Improvement Trust, Sriganganagar or any other competent authority of the UIT shall act upon petitioner’s application dated 15.07.2024 and pass appropriate orders in accordance with law within a period of four weeks from today.

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In case, petitioner prays for refund/adjustment of the amount already paid for conversion, such prayer shall be considered in accordance with law.

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All the interlocutory applications including the stay application stand disposed of accordingly.

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(DINESH MEHTA),J

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356-Arvind/-

Ridhi Sidhi Home Developers Pvt. Ltd. v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ridhi Sidhi Home Developers Pvt. Ltd. v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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