Partly allowed

Shri Brij Mohan Choudhary S/O Shri Gajanand Choudhary v. Jaipur Development Authority

Rajasthan HC12 Jan 2024CW/451/2024

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition as the petitioner failed to exhaust the alternative statutory remedy available before the JDA Appellate Tribunal. The court granted liberty to file a statutory appeal within 15 days and stayed the notice for demolition until such appeal is decided.

What did the court decide?

Liberty to file statutory appeal within 15 days; stay granted on notice dated 13.06.2023 until appeal is decided.

Shri Brij Mohan Choudhary S/O Shri Gajanand Choudhary… — Landlord and Tenant | Rajasthan HC (2024)

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[2024:RJ-JP:2296]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 451/2024

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Shri Brij Mohan Choudhary S/o Shri Gajanand Choudhary, R/o 87, Mansinghpura, Behind Honda City Showroom, Tonk Road, Jaipur-Rajasthan-302018

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----Petitioner

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Versus

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Jaipur Development Authority, Through Secretary Ramkishor Vyas Bhawan, Indra Circle Jln Marg, Jaipur.

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Sudhendra Kumar Singh S/o B.p. Singh, R/o Plot No. 4 Kailash Puri Yojna Tonk Road, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. P K Kasliwal Mr. C M Sharma For Respondent(s) :

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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12/01/2024

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The instant petition has been filed by the petitioner

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with the following prayer:-

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“1. To issue the order or direction thereby, quashing and set aside the impugned orders dated 22.09.2023 passed by the learned JDA Appellate Tribunal in Appeal No. 447/2023 and not to disposses the petitioner from the rental premises situated at Plot No.4, Kailashpuri, Tonk Road, Jaipur.

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To further direct the respondents by issuing appropriate writ, order or direction to the respondents to allow the petitioner to continue his liquour shop which was approved by the Excise Department.

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To further issue any appropriate writ, order or direction as it may deem fit in the light of the present facts and circumstances in the favour of the petitioner.

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The writ petition to be allowed with cost.“

[2024:RJ-JP:2296]

[CW-451/2024]

(2 of 3)

By way of filing this writ petition, the petitioner has challenged the order dated 22.09.2023 passed by Appellate Tribunal, Jaipur Development Authority, Jaipur by which the appeal filed by the owner of the premises / landlord of the petitioner has been rejected. It appears that the petitioner is a tenant in the premises in question and the Jaipur Development Authority (for short JDA) issued a notice to the landlord of the petitioner i.e. Sudhendra Kumar, on 13.06.2023 directing him to remove his unauthorized construction from the premises in question. Aggrieved by the aforesaid notice, the owner of the premises i.e. landlord of the petitioner submitted a statutory appeal before the Appellate Authority, JDA, however, the same was rejected vide order dated 22.09.2023.

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As per the contention of the learned counsel for the petitioner, the petitioner being tenant of the premises was not aware about the aforesaid proceedings and his licence to occupy the premises in question would end in the month of March, 2024 and he has remained unheard before the authorities concerned. Hence interference of this Court is warranted.

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Counsel for the respondent has opposed the arguments raised by counsel for the petitioner and submitted that if at all the petitioner is aggrieved by the impugned notice dated 13.06.2023 issued by JDA, for demolition of the premises in question, he can challenge the same by way of filing an appeal before the Appellate Tribunal, JDA or he could have filed a separate suit for redressal of his grievances but without availing the said statutory remedy of filing appeal before the Appellate Tribunal, JDA, the petitioner has

(3 of 3)

[2024:RJ-JP:2296]

[CW-451/2024]

straightway approached this Court by filing this writ petition under Article 226 of the Constitution of India.

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It is settled proposition of law that whenever alternative statutory remedy of filing an appeal 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 disposed of granting liberty to the petitioner to file statutory appeal against the impugned notice dated 13.06.2023 before the Appellate Tribunal, JDA.

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In case any appeal is submitted within a period of 15 days from today, the Appellate Tribunal is expected to hear and decide the same after affording opportunity of hearing to all the respective parties strictly in accordance with law ignoring the period of limitation. It goes without saying that the Appellate Tribunal, JDA would pass the order on the basis of the evidence and after hearing arguments of both the sides without being influenced by the order dated 22.09.2023 passed by it.

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Till the filing of the appeal, the effect and operation of the impugned notice dated 13.06.2023 shall remain stayed. Thereafter, the Appellate Tribunal would decide the stay application annexed with the appeal on the basis of the merit and after hearing of the arguments of both sides.

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(ANOOP KUMAR DHAND),J

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VIKAS/139

Shri Brij Mohan Choudhary S/O Shri Gajanand Choudhary v. Jaipur Development Authority

Case brief

What is this about?

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Shri Brij Mohan Choudhary S/O Shri Gajanand Choudhary v. Jaipur Development Authority

Case brief

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What did the court decide?

What the court decided

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