Riddhi Siddhi Infra Projects Private Limited Vs… — Writ and Judicial Review | Rajasthan HC (2025)

Riddhi Siddhi Infra Projects Private Limited Vs… — Writ and Judicial Review | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Liberty to the petitioner to deposit the determined compensation amount within 30 days from the date of the order; upon such deposit, the appeal pending before the Tribunal shall be heard and decided on merits in accordance with law. Any other pending application(s) stand disposed of.

Issue for consideration

Whether the pre-deposit of 100% of the compensation amount determined by the adjudicating authority (order dated 09.01.2024) should be waived so as to entertain and hear the petitioner's appeal before the Tribunal.

Court's answer

Without interference in respect of the prayer for waiving the pre-deposit of 100% of the compensation amount, the writ petition is disposed of with liberty to the petitioner to deposit the determined compensation amount within 30 days from the date of the order; if such amount is deposited, the appeal filed by the petitioner and pending before the Tribunal shall be heard and decided on merits in accordance with law.

Ratio / Principle

Proceeding on the basis of the Supreme Court's decision in Newtech Promoters and Developers Private Limited Vs. State of Uttar Pradesh and Ors., (2021) 18 SCC 1, which interpreted Section 43(5) of the Real Estate (Regulation and Development) Act, 2016 as mandatory and affirmed its constitutionality, the Court declined to interfere with the pre-deposit requirement; in that view, counsel for petitioner sought permission to withdraw the writ petition.

Detailed headnote1 paragraphs

Rajasthan High Court, Jaipur Bench ([2025:RJ-JP:11626], Sudesh Bansal, J., 12/03/2025) — Writ petition under Article 226 of the Constitution of India sought waiver of the pre-deposit of 100% of the compensation amount determined by the adjudicating authority vide order dated 09.01.2024, to enable hearing of the petitioner's appeal before the Tribunal. Relying on the Supreme Court's decision in Newtech Promoters and Developers Private Limited Vs. State of Uttar Pradesh and Ors., (2021) 18 SCC 1, wherein Section 43(5) of the Real Estate (Regulation and Development) Act, 2016 was interpreted as mandatory and its constitutionality affirmed, counsel for petitioner sought permission to withdraw the writ petition with a limited prayer for 30 days' time to deposit the compensation amount, to which respondents had no objection. The Court, without interfering with the pre-deposit requirement, disposed of the writ petition with liberty to deposit the determined compensation within 30 days; upon deposit, the pending Tribunal appeal is to be heard and decided on merits in accordance with law. Pending application(s) disposed of.

[2025:RJ-JP:11626]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 18340/2024

Riddhi Siddhi Infra Projects Private Limited, Through Its Authorized Signatory Mr. Satish Kumar Kadwavat Having Its Registered Office At Corporate Tower Rsg The Universe Campus, Hiran Magri Extension, Opposite Sector-9, Udaipur-313001 (Rajasthan).

----Petitioner

Versus

State Of Rajasthan, Through Principal Secretary, Department Of Law And Legislative Affairs, Government Of Rajasthan At Secretariat, Jaipur 302005 Rajasthan.

Bhagwana Bishnoi S/o Shri Jaisukh Ram Bishnoi, R/o Dharniya Automobiles, Jodhpur Road, Nagaur-341001, Rajasthan.

----Respondents

For Petitioner(s)	: Mr. Akshay Dutt Sharma for Mr. S.S. Shekhawat
For Respondent(s)	: Mr. Jayvardhan Joshi for
	Mr. Bharat Vyas, AAG
	Ms. Unnati Vijay

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

12/03/2025

Instant writ petition has been filed by petitioner under Article 226 of the Constitution of India, seeking to waive the pre-deposit of 100% of the compensation amount determined by the adjudicating authority vide order dated 09.01.2024 in order to entertain and hearing of appeal before the Tribunal filed by and on behalf of petitioner against order dated 09.01.2024.

The Hon’ble Supreme Court in case of Newtech Promoters

and Developers Private Limited Vs. State of Uttar Pradesh

(2 of 2) [CW-18340/2024]

[2025:RJ-JP:11626]

and Ors. [(2021) 18 SCC 1] has interpreted the provision of Section 43(5) of the Real Estate (Regulation and Development) Act, 2016 as mandatory and affirmed its constitutionality.

In that view, counsel for petitioner seeks permission to withdraw the writ petition and makes a limited prayer to grant 30 days’ time from today to deposit the compensation amount determined by the adjudicating authority.

Counsel appearing on behalf of respondents have no objection.

In such view of the matter, without interference in respect of prayer for waiving of pre-deposit of 100% of the compensation amount, instant writ petition is disposed of with liberty to petitioner to deposit the determined compensation amount within a period of 30 days from today. In case, such amount is deposited, the appeal filed by petitioner and pending before the Tribunal shall be heard and decided on merits, in accordance with law.

Any other pending application(s), if any, stands disposed of.

(SUDESH BANSAL),J

SOURAV /200