Jaipur Development Authority Vs Kishan Chand and Sons H.U.F

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[2025:RJ-JP:29399]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 11558/2025

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Jaipur Development Authority, Through Secretary, Ramkishore Vyas Bhawan, Indra Circle, Jawahar Lal Nehru Marg, Jaipur.

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Deputy Commissioner Zone-9, Jaipur Development Authority, Ramkishore Vyas Bhawan, Indra Circle, Jawahar Lal Nehru Marg, Jaipur.

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----Petitioners

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Versus

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1. Kishan Chand And Sons H.U.F, Through Karta Shri Kishan Chand Wadhvani, S/o Shri Chetan Das Wadhvani, R/o 775, Ashok Chok, Adarsh Nagar, Jaipur.

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Vijay Kumar Wadhvani, S/o Shri Kishan Chand Wadhvani, R/o 775, Ashok Chok, Adarsh Nagar, Jaipur.

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Deendayal Wadhvani, S/o Shri Chetan Das Wadhvani, R/o 775, Ashok Chok, Adarsh Nagar, Jaipur.

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Asan Das Wadhvani, S/o Shri Chetan Das Wadhvani, R/o 775, Ashok Chok, Adarsh Nagar, Jaipur.

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----Respondents

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For Petitioner(s)	: Mr. Amit Kuri Mr. Dharma Ram
	Mr. Harshwardhan Shekhawat
	Ms. Nandini Mirdha
For Respondent(s)	:

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JUSTICE ANOOP KUMAR DHAND

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Order

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01/08/2025

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Aggrieved by the order dated 25.07.2025 passed by the Appellate Tribunal, Jaipur Development Authority (for short 'the Appellate Tribunal'), the instant writ petition has been filed.

[2025:RJ-JP:29399]

[CW-11558/2025]

(2 of 3)

By passing the aforesaid impugned order, the Appellate Tribunal has rejected the stay application submitted by the respondents along with the appeal, but a direction has been issued to the petitioner -JDA that in case an order for cancellation of the lease issued in favour of the respondents for the subject land is passed, the petitioner-JDA not to auction, transfer or alienate the subject land for a period of 15 days after communicating the cancellation of the lease to the respondents. Counsel submits that the respondents submitted an appeal before the Appellate Tribunal against the order of the petitioner-JDA dated 30.10.2024 by which the patta of the subject land of the respondents was cancelled. Counsel submits that the said appeal was allowed by the Appellate Authority vide order dated 05.05.2025 and the order dated 30.10.2024 was quashed and setaside and a liberty was granted to the petitioner-JDA to issue a notice to the respondents under Section 54-D of the Jaipur Development Authority Act, 1982 (for short, ‘the Act of 1982’) and proceed with the matter in accordance with law and a further direction was issued that the auction proceedings dated 30.01.2025 and 31.01.2025 not be finalized. Counsel submits that the petitioner-JDA has issued a notice dated 11.07.2025 and final notice dated 21.07.2025 to the respondents under Section 54-D of the Act of 1982 and called upon the respondents to give reasons as to why the lease deed not be cancelled. Counsel submits that respondents never assailed the order dated 05.05.2025 passed by the Appellate Tribunal before any Competent Court of law. Hence, the said order has attained finality. So, under these

[2025:RJ-JP:29399]

[CW-11558/2025]

(3 of 3)

circumstances, the respondents should not have filed an appeal against the notices issued to them under Section 54-D of the Act of 1982 and in fact the appeal preferred by them against the aforesaid notices is itself not maintainable. Hence, there was no reason or occasion with the Appellate Tribunal to pass the impugned order dated 25.07.2025. Hence, under these circumstances, interference of this Court is warranted.

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Heard and considered the submission made at Bar and perused the material available on record.

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In the considered opinion of this Court, the appeal submitted by the respondents is yet to be decided by the Appellate Tribunal and the next date posted for arguments is 18.08.2025. The petitioner-JDA would be at liberty to take all these objections which have been taken before this Court at the time of final disposal of the appeal submitted by the respondents before the Tribunal.

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Looking to the overall facts and circumstances of the case, this Court deems it just and proper to dispose of the instant writ petition by issuing a direction to the Appellate Tribunal to make all possible endeavors to decide the pending appeal on the next date and if not possible then by posting a fixed short date.

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

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(ANOOP KUMAR DHAND),J

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Ashu/30

Jaipur Development Authority v. Kishan Chand and Sons H.U.F

Case brief

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Jaipur Development Authority v. Kishan Chand and Sons H.U.F

Case brief

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