Disposed

M/S Ashiyanabuildprop Private Limited v. State of Rajasthan

Rajasthan HC14 May 2024CW/5848/2024

Case brief

AI extract

What is this about?

Writ petitions challenged the Principal Secretary's non-speaking revisional order dated 26.03.2024 passed on the application itself without reasons or order sheet. The Court quashed the order as unsustainable, permitted a fresh reasoned order under Section 93(1), directed status quo on title and possession, and sought disposal within three months after hearing.

What the court decided

AI extract

M/S Ashiyanabuildprop Private Limited Vs State of… — Property and Title | Rajasthan HC (2024)

(1 of 7)

[2024:RJ-JD:21552]

[CW-5848/2024]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶5

S.B. Civil Writ Petition No. 5848/2024

¶6

M/S AshiyanaBuildprop Private Limited, Through its Authorized Signatory Shrawan Kumar Godara S/o Rameshwar Lal Godara, Aged About 32 Years, having its registered office at 8, Bhan Bagh, New Fatehpura, Udaipur, Rajasthan - 313001.

¶7

----Petitioner

¶8

Versus

¶9

1. State Of Rajasthan, Through Its Principal Secretary, Urban Development And Housing (‘UDH’) Department, Government Of Rajasthan, Main Building, Government Secretariat, C Scheme, Ashok Nagar, Jaipur, Rajasthan - 302007

¶10

Udaipur Development Authority, Earlier Known As Urban Improvement Trust (Udaipur), through its Commissioner, Udaipur, Rajasthan - 313001.

¶11

Govind Agarwal S/o Gauri Shankar Agarwal, Plot No.02, Panchwati, Udaipur - 313001.

¶12

Kumud Jalori W/o K.K. Jalori, R/o Bapna House, Hospital Road, Udaipur.

¶13

K.K. Jalori, Huf Through Karta Shri K.K. Jalori S/o Umrav Mal Jalori, Resident Of Bapna House, Hospital Road, Udaipur.

¶14

Smt. Nisha Ojha W/o Deelip Ojha, R/o 3, Green Park Colony, Udaipur.

¶15

Shekhar Agarwal S/o A.k. Agarwal, R/o D-1/e-3, Bapu Dham, Chanakyapuri, New Delhi.

¶16

Smt. P. Mathur W/o Shekhar Agarwal, R/o D-1/e-3, Bapu Dham, Chankyapuri, New Delhi.

¶17

Grace Colonizers Private Limited, Through Its Director Shanti Lal Mehta S/o Kanhaiya Lal Mehta, Having Its Registered Address At 103-104, Shubh Apartment, 99-L, Bhopalpura Udaipur.

¶18

Shanti Lal Mehta S/o Kanhaiya Lal Mehta, R/o 98, L Road, Bhopalpura Udaipur.

¶19

Smt. Anu Mehta W/o Shanti Lal Mehta, R/o 98, L Road, Bhopalpura Udaipur.

(2 of 7)

[2024:RJ-JD:21552]

[CW-5848/2024]

Siddharth Mehta S/o Shanti Lal Mehta, R/o L Road, Bhopalpura Udaipur.

¶24

Smt. Manju Devi W/o Samrath Lal Jain, R/o 21, Badi Maheshwariyon Ki Sehari, Dhan Mandi, Udaipur.

¶25

Smt. Shobhag Devi W/o Jamna Lal Mahajan, R/o 63, Venus Apartment, Bodakdev, Ahmedabad.

¶26

Prakash Chaplot S/o Sampat Lal Chaplot, R/o 265, O Road, Bhopalpura, Udaipur.

¶27

Raghuvansh Narayan S/o P.N. Mathur, R/o 1-Kh-6, Shastri Nagar, Ajmer.

¶28

Smt. Manjula W/o Raghuvansh Narayan Mathur, R/o 1- Kh-6, Shastri Nagar, Ajmer.

¶29

Gunjan Chaudhari S/o Dalpat Singh Chaudhary, R/o 100 Feet Collectorate Road, Rajnagar, District Rajsamand.

¶30

M/s Super Tech Buildmart Private Limited, Having Its Registered Address At 3, Haridas Ji Ki Magri, Udaipur Through its Director Gunjan Chaudhari S/o Dalpat Singh Chaudhary, Resident Of 100 Feet Collectorate Road, Rajnagar, District Rajsamand.

¶31

M/S Arnath Infravision LLP, Through Its Designated Partner Chirag Maroo S/o Shanti Lal Maroo, Aged About 43 Years, Having its Registered Office At 8, Bhan Bagh, New Fatehpura, Udaipur, Rajasthan - 313001.

¶32

Manohar Singh Mogra S/o Manmal Mogra, R/o 73-74, New Ahinsapuri, Fatehpura, Udaipur.

¶33

Chayan Choudhary S/o Ramesh Choudhary, R/o 73-74, New Ahinsapuri, Fatehpura, Udaipur.

¶34

----Respondents

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Connected With

¶36

S.B. Civil Writ Petition No. 6285/2024

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Smt. Shanta Kothari W/o Late Raghuvir Singh Kothari, Aged About 85 Years, Resident of 7/2, Kanji Ka Hatha, Udaipur, Rajasthan - 313001.

¶38

Smt. Kavita Jain, W/o Shri Lalit Jain, Resident of 96, Sarviritu Vilas, Udaipur, Rajasthan.

----Petitioners

Versus

(3 of 7)

[2024:RJ-JD:21552]

[CW-5848/2024]

State of Rajasthan, through its Principal Secretary, Urban Development and Housing (‘UDH’) Department, Government of Rajasthan, Main Building, Government Secretariat, C Scheme, Ashok Nagar, Jaipur, Rajasthan - 302007.

¶45

Udaipur Development Authority, earlier known as Urban Improvement Trust (Udaipur), through its Commissioner, Udaipur, Rajasthan - 313001.

¶46

Govind Agarwal S/o Shri Gauri Shankar Ji Agarwal, R/o Plot No. 02, Panchwati, Udaipur - 313001.

¶47

Mahesh Chandra Sharma S/o Mr. Madan Mohan Ji Sharma, Resident Of 123 Kharol Colony, Fatehpura, Udaipur, Rajasthan.

¶48

Mr. Shantilal Mehta S/o Mr. Kanhaiyalal Ji Mehta, Resident of 98, L Road, Bhopalpura, Udaipur, Rajasthan.

¶49

Mrs. Anu Mehta W/o Mr. Shantilal Mehta, Resident of 98, L Road, Bhopalpura, Udaipur, Rajasthan.

¶50

Smt. Shanta Devi Maru W/o Shri Shantilal Maru, Resident of 13-14, Bhanbag, Fatehpur, Udaipur, Rajasthan.

¶51

Mahendra Porwal S/o Late Shri Vijay Singh Porwal, R/o Kole Pole, Bada Bajar, Udaipur.

¶52

----Respondents

¶53

S.B. Civil Writ Petition No. 6287/2024

¶54

Dinesh Sharma S/o Late Shri Mr. Madan Mohan Ji Sharma, Aged About 62 Years, Resident Of 111, Anand Nagar, Anand Plaza Ki Piche, Udaipur, Rajasthan - 313001.

¶55

Smt. Sudha Devi W/o Dinesh Sharma, Aged About 58 Years, Resident Of 111, Anand Nagar, Anand Plaza Ki Piche, Udaipur, Rajasthan - 313001.

¶56

----Petitioners

¶57

Versus

¶58

State of Rajasthan, through its Principal Secretary, Urban Development And Housing (‘UDH’) Department, Government of Rajasthan, Main Building, Government Secretariat, C Scheme, Ashok Nagar, Jaipur, Rajasthan - 302007.

¶59

Udaipur Development Authority, earlier known as Urban

¶60

(4 of 7) [CW-5848/2024]

¶61

[2024:RJ-JD:21552]

¶62

Improvement Trust (Udaipur), through its Commissioner, Udaipur, Rajasthan-313001.

¶63

Govind Agarwal S/o Shri Gauri Shankar Ji Agarwal, R/o Plot No. 02, Panchwati, Udaipur - 313001.

¶64

Mahesh Chandra Sharma S/o Mr. Madan Mohan Ji Sharma, Resident Of 123 Kharol Colony, Fatehpura, Udaipur, Rajasthan

¶65

Shreyash Mehata S/o Mr. Shantilal Mehta, Resident Of 98, Bhopalpura, Udaipur, Rajasthan.

¶66

Mr. Shantilal Mehta S/o Mr. Kanhaiyalal Ji Mehta, R/o 98 L, Bhopalpura, Udaipur, Rajasthan.

¶67

Mrs. Anu Mehta W/o Mr. Shantilal Mehta, R/o 98 L, Bhopalpura, Udaipur, Rajasthan.

¶68

Sidharth Mehta S/o Mr. Shantilal Mehta, Resident Of 98 L, Bhopalpura, Udaipur, Rajasthan.

¶69

Chirag Maru S/o Shanti Lal Maru, Resident Of 13-14, Bhanbag, Fatehpur, Udaipur, Rajasthan.

¶70

Shanti Lal Maru S/o Late Shri Sardarmal Ji Maru, R/o 1314, Bhanbag, Fatehpur, Udaipur, Rajasthan.

¶71

----Respondents

¶72

For Petitioner(s)	:	Mr. Sudhir Gupta, Sr. Adv. Assisted by Ms. Shweta Chauhan, Mr. Vedant Agrawal & Mr. Pranjul Mehta Mr. Aniket Tater Mr. Nishant Bapna
For Respondent(s)	:	Mr. Rajesh Panwar, Sr. Adv. & AAG assisted by Mr. Ayush Gehlot & Ms. Meenal Singhvi Mr. R.N. Mathur, Sr. Advocate Mr. Vikas Balia, Sr. Advocate Mr. Hemant Ballani Mr. VijayPurohit

¶73

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order

¶74

14/05/2024

¶75

Heard leaned counsel for the parties.

[2024:RJ-JD:21552]

[CW-5848/2024]

(5 of 7)

Since all the three writ petitions arise out of a similar order dated 26.03.2024 passed by the respondent No.1-Principal Secretary, Urban Development and Housing (UDH) Department, Government of Rajasthan, therefore, they are being decided by this common order.

¶80

Briefly noted the facts in the present writ petitions are that in pursuance of the orders dated 02.12.2023 & 19.12.2023 passed by this Court, the respondent No.2 has passed an order dated 15.02.2024. The private respondent No.3 preferred a revision petition/representation under Section 93 of the Udaipur Development Authority Act of 2023 (hereinafter referred to as “the Act of 2023”) before respondent No.1. On the revision petition/representation filed by the respondent No.3, the respondent No.1 vide order dated 26.03.2024 has called for the report from the Commissioner, Udaipur Development Authority. Hence, the present writ petitions have been filed.

¶81

Learned Senior Counsel for the petitioners submits that the manner, in which the revisional jurisdiction has been exercised by respondent No.1 by passing the order dated 26.03.2024 which is not proper and de-hors the established procedure. He submits that the order dated 26.03.2024 is totally non-speaking order without recording any reasons, much less the order itself has been passed on the top of the application itself preferred by the respondent No.3 and no order sheet dated 26.03.2024 has been prepared. Learned Senior Counsel also submits that the order passed on 26.03.2024 is not as per the mandate of Section 93 of the Act of 2023. He, therefore, prays that the writ petitions may

[2024:RJ-JD:21552]

[CW-5848/2024]

(6 of 7)

be allowed and the order dated 26.03.2024 may be quashed and set-aside.

¶86

Per contra, Mr. Rajesh Panwar, learned Senior Counsel-cumAdditional Advocate General for the respondent-State submits that the respondent No.1 has passed the order invoking the power under Section 93 (1) of the Act, 2023 and since grave illegalities were pointed out, the respondent No.1 has ordered an enquiry to get the correct facts before him. Learned Senior Counsel-cumAdditional Advocate General further submits that although the order has been passed on the application itself and not on the order sheet of the file, but no malafide or extraneous consideration can be attributed against the respondent No.1. However, learned Senior Counsel also submits that the respondent No.1 may be given liberty to pass a fresh and reasoned order on the representation preferred by the respondent No.3 in accordance with the mandate of Section 93(1) of the Act of 2023. 6. Considering the submissions made before this Court and taking into consideration the fact that the respondent No.1 has passed the order dated 26.03.2024 on the representation/revision preferred by the respondent No.3 without giving detailed reasons for the same, this Court is of the opinion that the order dated 26.03.2024 is not sustainable and the same is, therefore, quashed. However, the respondent No.1 is permitted to pass a fresh order giving detailed reasons on the application preferred by the respondent No.3 in accordance with the provisions of Section 93 (1) of the Act of 2023.

¶87

The writ petitions are disposed of in the above terms.

¶88

[2024:RJ-JD:21552]

¶89

[CW-5848/2024]

¶90

It is made clear that the status quo with respect to the title, possession and record, as it exists today, shall be maintained till the revisional authority decides the revision petition.

¶91

It is expected of the revisional authority to decide the revisional proceedings at the earliest, preferably within a period of three months from the date of receipt of certified copy of this order.

¶92

Needless to say that the revisional authority shall pass final order after giving a proper opportunity of hearing to the petitioners.

¶93

(VINIT KUMAR MATHUR),J

¶94

78-Arun P/-

M/S Ashiyanabuildprop Private Limited v. State of Rajasthan

Case brief

What is this about?

What the court decided

M/S Ashiyanabuildprop Private Limited v. State of Rajasthan

Case brief

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What the court decided

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