Smt. Manbhar Devi W/O Shri Rameshwar Prasad Sharma Vs Jaipur Development Authority — Rajasthan HC (2026) — LawSathi Research

Smt. Manbhar Devi W/O Shri Rameshwar Prasad Sharma Vs Jaipur Development Authority — Rajasthan HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with direction to the Appellate Tribunal, JDA to decide Appeal No. 92/2026 within one month from the date of submitting the certified copy of the order; parties to maintain status quo as regards the alleged illegal construction till disposal of the appeal, with the status quo order ceasing to have effect if the petitioner delays the appeal proceedings; stay application and pending applications disposed of accordingly.

Issue for consideration

Whether the writ petition should be disposed of by directing the Appellate Tribunal, JDA to decide the petitioner's pending appeal against the JDA notice dated 27.01.2026 within a stipulated period, with both parties maintaining status quo on the property in the meantime.

Court's answer

Taking into consideration the overall facts and circumstances, and that the appeal challenging the impugned notice dated 27.01.2026 is still pending before the Appellate Tribunal, JDA, ends of justice would be met if the Appellate Tribunal decides the appeal within a stipulated period and both parties maintain status quo regarding the property until then.

Ratio / Principle

The writ petition is disposed of with a direction to the Appellate Tribunal, Jaipur Development Authority, Jaipur to decide Appeal No. 92/2026 pending before it within one month from the date of submitting the certified copy of the order.

Key takeaways

Till disposal of the appeal, the parties shall maintain status quo as regards the alleged illegal construction.ratio¶21
If the petitioner tries to delay the proceedings of the appeal, the order of maintaining status quo would cease to have effect.ratio¶22
In view of the order passed in the main petition, the stay application and pending application(s), if any, also stand disposed of.ratio

Detailed headnote1 paragraphs

Rajasthan High Court, Jaipur Bench (Ganesh Ram Meena, J., 05/03/2026) disposed of a writ petition by Smt. Manbhar Devi concerning a JDA notice dated 27.01.2026 (Annexure-11) requiring removal of alleged illegal construction. Since her Appeal No. 92/2026 against the notice was pending before the Appellate Tribunal, JDA, the Court directed the Tribunal to decide the appeal within one month of submission of the certified copy of the order, and directed both parties to maintain status quo on the property till disposal, the status quo order to cease to have effect if the petitioner delayed the appeal proceedings. The stay application and pending applications were disposed of in view of the order in the main petition. Earlier, the matter regarding the same construction had reached the Division Bench without any interim relief being granted.

[2026:RJ-JP:9347]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 2871/2026

Smt. Manbhar Devi W/o Shri Rameshwar Prasad Sharma, Aged About 70 Years, R/o 120, Milap Nagar, Tonk Road, Jaipur.

----Petitioner

Versus

Jaipur Development Authority, Jaipur Through Secretary, Jawahar Lal Nehru Marg, Jaipur.

----Respondent

For Petitioner(s)	: Mr. Lokesh Kumar Sharma Mr. Shyogi Ram Sharma
For Respondent(s)	: Mr. Rishabh Khandelwal, for JDA
	Mr. SandeepPathak

HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

05/03/2026

As per the facts on record the petitioner has preferred an appeal before the Appellate Tribunal Jaipur Development Authority, Jaipur (for short 'the Appellate Tribunal, JDA') with a challenge to the notice dated 27.01.2026 (Annexure-11) issued by the JDA so as to remove the alleged illegal construction made by her.

Learned counsel for the JDA submits that earlier the matter regarding the said illegal construction raised by the petitioner has reached upto the Division Bench and no any interim relief was granted to the petitioner.

Taking into consideration the overall facts and circumstances of the case and more particularly the fact that appeal filed by the petitioner with a challenge to the impugned notice dated

[2026:RJ-JP:9347]

[CW-2871/2026]

(2 of 2)

27.01.2026 is still pending for adjudication before the Appellate Tribunal, JDA this Court feels that ends of justice would meet if the Appellate Tribunal, JDA decides the appeal preferred by the petitioner within a stipulated period and till then both the parties may maintain the status quo as regards the property in question.

Accordingly, the present writ petition is disposed off with the direction to the Appellate Tribunal Jaipur Development Authority, Jaipur to decide the Appeal No. 92/2026 pending before it within a period of one month from the date of submitting the certified copy of this order.

Till disposal of the appeal the parties shall maintain status quo as regards the alleged illegal construction.

In case the petitioner tries to delay the proceedings of the appeal, this order of maintaining status quo would cease its effect.

In view of the order passed in the main petition, the stay application and pending application/s, if any, also stand disposed of.

(GANESH RAM MEENA),J

SHRUTI SHARMA /8