Secretary, Jaipur Development Authority, Jaipur v. Jaipur

4. Smt. Dakha, D/o Ramnath, R/o Village Jaitpura @ Hajyawala, Tehsil Sanganer, District Jaipur ---- Non-Petitioners/ Plaintiffs

5. Jagdish S/o Shri Balu Bagda (since deceased) 5/1. Prabhu Narain S/o Late Jagdish. 5/2. Girdhari S/o Late Jagdish. 5/3. Mangi Devi W/o Late Jagdish. No. 5/1 and 5/3 R/o Jaitpura @ Hajyawala, Tehsil Sanganer, District Jaipur. 5/4. Bardi D/o Late Jagdish W/o Mohanlal. 5/5. Gulli, D/o Late Jagdish W/o Banshilal. No.5/4 and 5/5 are R/o Sri Kishanpura, Tehsil Sanganer, Dist. Jaipur 5/6. Dhapu, D/o Late Jagdish W/o Ram Narain, R/o Keshyawala, Tehsil Sanganer, Distt. Jaipur 5/7. Prem, D/o Late Jagdish W/o Babulal R/o Bhated Jaipur 5/8. Lachhma D/o Late Jagdish W/o Kedar R/o Jairajpura, Jaipur

6. Prabhu S/o Shri Jagdish.

13. 13/1. 13/2. 13/3. 13/4. 13/5. 13/6. 13/7. 13/8. Moti Ram. Ganga Ram. Govind Ram, Radhey Shyam. Radhey Shyam. Gopal. Bhura. 7 to 12 are sons of Chotu. Gokul, S/o Shri Chandra (since deceased) Ram Lal, S/o Gokul. Shankar, S/o Gokul. Bhanwar, S/o Gokul. Ghisi, W/o Gokul. Residents of Hajyawala, Tehsil Sanganer, Jaipur. Manbhar, W/o Bhanwar Lal. D/o Gokul. Nana, W/o Kanaram, D/o Gokul. Residents of Sukhiya, Tehsil Sanganer, Jaipur. Geeta, W/o Bhanwarlal, D/o Gokul. Nanchi, W/o Laxman, D/o Gokul. Residents of Kalyanpura, Tehsil Sanganer, Jaipur. 13/9. Panchi, W/o Panchuram, D/o. Gokul. 13/10. Bhagwati, W/o Chagan Lal, D/o Gokul. Residents of Mohanpura (Jaisinghpura), Tehsil Sanganer, Jaipur.

20. Balu, S/o Suja, Sheokant. Laxman. Harji. Sheolya. 15 to 18 are sons of Late Ramnath Dhapu widow of Ramnath Jat. Harnath.

21. Kalyan. 20 & 21 are sons of Bhura. Buddha, S/o Shri Bhairu. Narain, S/o Ghasi. Mangilal. Hari Narain. Kalu. Sheonath. Chhitar. Ramu. 24 to 29 are sons of Moharu. Bardhi Devi, D/o Gulla, W/o Ramjeewan. Ram Karan, S/o Teja Jat (since deceased) Jagdish, S/o Ramkaran. Babu, S/o Ramkaran. Smt. Bhauri, W/o Rakaran. Residents of Hajyawala, Tehsil Sanganer, Jaipur. Smt. Kaushalya, W/o Kanji, D/o Ramkaran. Nana, W/o Panchu D/o Ramkaran. Residents of Mohanpura (Jaisinghpura), Tehsil Sanganer, Jaipur. Bhuri Lal, S/o Ganesh Jat (since deceased) Tija, W/o Late Bhonrilal. Ram Narain, S/o Late Bhonrilal. Ram Chandra, S/o Late Bhonrilal. Shankar, S/o Late Bhonrilal. Ramnath, S/o Late Bhonrilal (since deceased)

31. 31/1. 31/2. 31/3. 31/4. 31/5.

32. 32/1. 32/2. 32/3. 32/4. 32/5. 32/5/1 Sayar, W/o Late Ramnath. 32/5/2 Babu, S/o Late Ramnath. No. 32/1 to 32/5/2 are R/o Jaitpura @ Hajyawala, Tehsil Sanganer, Dist. Jaipur. 32/5/3 Kamli, D/o Late Ramnath, W/o Sitaram, R/o Newta, Jaipur. 32/5/4 Badam, D/o Late Ramnath, W/o Dayal, R/o Vatika, Tehsil Sanganer, Jaipur. 32/6. Gyarsilal, S/o Late Bhonrilal (since deceased). 32/6/1 Bhuri, W/o Late Gyarsilal. 32/6/2 Suresh, S/o Late Gyarsilal. No. 32/6/1 and 32/6/2 are R/o Jaitpura @ Hajyawala, Tehsil Sanganer, Dist. Jaipur. 32/7. 32/8. 32/9. Soni, D/o Late Bhonrilal, W/o Chittar, R/o Newta, Jaipur. Syani, D/o Late Bhonrilal, W/o Sheokran, R/o Newta, Jaipur. Prem, D/o Late Bhonrilal, W/o Ghasi, R/o Vatika, Jaipur. 32/10. Mandhar, D/o Late Bhonrilal, W/o Heeralal, R/o Kalyanpura, Jaipur. 32/11. Moti, D/o Late Bhonrilal, W/o Raghunath, R/o Kalyanpura, Jaipur.

34. Bholu. Dhanna. (33 To 34 are sons of Ganesh Jat) Mangla, S/o Shri Jeevan Jat (since deceased) Sundar, W/o Late Mangla. Shrawan, S/o Late Mangla. Harji, S/o Late Mangla. No. 35/1 and 35/3 are R/o Jaitpura @ Hajyawala, Tehsil Sanganer, Dist. Jaipur. Bhanwari, D/o Mangla, W/o Kana Jat, R/o Rampura, Jaipur. Ramswaroop, D/o Mangla, W/o Ramlal Jat. R/o Rampura, Jaipur. Kailashi, D/o Mangla, W/o Kanaram Jat, R/o Chatarpura, Jaipur. Chittar. Omkar. Ramu. Nanda. (36 to 39 are sons of Bhurua) Sarwan. Harji.

35. 35/1. 35/2. 35/3. 35/4. 35/5. 35/6.

41. (40 to 41 are sons of Mangia)

42. 42/1. 42/2. Chauthu (since deceased) Naraini, W/o Late Chauthu. Suresh, S/o Late Chauthu. No. 42/1 & 42/2 are R/o Jaitpura @ Hajyawala, Tehsil Sanganer, Dist. Jaipur. Sita, D/o Chauthu, W/o Mukesh, R/o Dholai, Jaipur. Gayatri, D/o Chauthu. W/o Sunil, R/o Rampura, Jaipur. Geeta, D/o Chauthu, W/o Om Prakash Jat, R/o Dholai, Jaipur. Gendilal, S/o Teja (since deceased) Manni Devi, W/o Late Gendilal. Ramavtar, S/o Late Gendilal. 42/3. 42/4. 42/5.

43. 43/1. 43/2. No. 43/1 & 43/2 are R/o Jaitpura @ Hajyawala, Tehsil Sanganer, Dist. Jaipur. 43/3. Rasal, D/o Late Gendilal, W/o Ramesh, R/o Newta, Jaipur. (42 & 43 are sons of Teja)

48. Ram Chandra. Kanaram. Rajaram. Rameshwar. Ramswaroop. (46 & 48 are sons of Jagannath)

49. Ram Niwas (since deceased): 49/1. 49/2. Manna Devi, W/o Late Ram Niwas. Kamlesh, S/o Late Ram Niwas. Both are R/o Jaitpura @ Hajyawala, Tehsil Sanganer, Dist. Jaipur.

50. Ram Prakash. (49 & 50 are sons of Narain, by cast Jat)

59. 59/1. 59/2. 59/3. 59/4. 59/5. Gopi, S/o Shri Kishan Jat. Nangilal, S/o Gopal Mali. Birdha, S/o Bhura Mali. Lalaram, S/o Gopi. Jagdish. S/o Bhura Mali. Heera, S/o Laxman Mali. Bhauri, widow of Gopi Mali. Ganesh, S/o Bhura. Ghasi, S/o Bhura (since deceased) Shrawan, S/o Ghasi. Hanuman, S/o Ghasi. Kaluram, S/o Ghasi. Chandalal, S/o Ghasi. Ramswaroop, S/o Ghasi. Residents of Hajyawala, Tehsil Snganer, Jaipur. 59/6. Smt. Shanti, W/o Sukhji, D/o Ghasi, resident of Chawandiya, Tehsil Snganer, Jaipur. 59/7. Smt. Kamla, W/o Sohan Lal, D/o Ghasi, resident of Village Kho Nagoriyan, Tehsil Snganer, Jaipur. 59/8. 59/9. Smt. Gulli, W/o Ram Kishore, D/o Ghasi. Smt. Sarfi, W/o Radheyshyam, D/o Ghasi. 59/10. Smt. Gopali, W/o Kanwarpal, D/o Ghasi. Residents of Village Madhosinghpura, Tehsil Chaksu, District

65. Jaipur. Prabhatilal. Motilal. Ratanlal. Sohan. (60 to 63 are sons of Jagan Mali) All respondents No. 3 to 12, 14 to 30, 32 to 58, and 60 to 63 are residents of Village Jaitpura @ Hajyawala, Tehsil Sanganer, District Jaipur. –-- Non-petitioners/Defendants State of Rajasthan through Tehsildar, Sanganer, Jaipur. Administrator Nagar Nigam, Jaipur. ---Non-petitioners/Defendants No.1 and 2 For Petitioner(s) : Mr. Amit Kuri For Respondent(s) : Mr. Sanjay Mehrishi HON'BLE MR. JUSTICE SUDESH BANSAL Order 11/02/2025

2. Heard counsel for both parties on the restoration application. Instant writ restoration application has been filed by and on behalf of Jaipur Development Authority, seeking to restore the SBCWP No.5201/2004 and to hear and decide the writ petition on merits.

3. From the record, it appears that in the writ petition, a peremptory order dated 18.10.2016 was passed granting a week's time to the JDA to file correct address and notices as also the steps in respect of taking legal representatives of few of deceased respondents- Khatedars- defendants were also required to be taken, however, since the JDA could not comply with the peremptory order, hence, the writ petition came to be dismissed on 22.11.2016 for non-compliance of the peremptory order. It appears from the record that the peremptory order dated 18.10.2016 and the order of dismissal dated 22.11.2016 were passed in absence of appearance on behalf of either party. Thereafter, having knowledge about dismissal of the writ petition, petitioner has preferred instant restoration application on 01.05.2018.

4. In the restoration application, notices were issued to the respondents and out of contesting respondents No.2/1 to 2/12, 3/1 to 3/3 and 4, respondent No.4- Smt. Dhaka, who was co-plaintiff with other respondents, has put in appearance through counsel. The interest of remaining respondents No.2/1, 2/2 and 3/1 to 3/3 being co-plaintiff with respondent No.4, is similar to the interest of respondent No.4. The remaining respondents from 5 to 63 were defendants in the Revenue Suit and respondents No.64 and 65 are State of Rajasthan and Nagar Nigam.

5. It appears that the writ petition was preferred by the JDA, challenging the judgment dated 30.10.2002 passed by the Board of Revenue in Second Appeal whereby the Revenue Suit filed by and on behalf of respondent No.2, 3 and 4 seeking declaration of Khatedari rights was decreed in their favour.

6. It appears that the Revenue Suit was filed by them way back on 27.07.1990, which was dismissed on merits by the Assistant Collector, Chaksu vide judgment dated 03.06.1994, whereagainst First Appeal was preferred, which too was dismissed by the Revenue Appellate Authority vide judgment dated 14.12.1994. The Board of Revenue set aside both the judgments and allowed the Second Appeal as also decreed the Revenue Suit declaring the Khatedari rights over the lands in question in favour of plaintiffs.

7. The stand of JDA set up before the Courts below and in the writ petition is that the land in question is in the nature of pasture land and has been recorded in the Revenue record in the same category, hence, the Board of Revenue committed jurisdictional error and manifest illegality in declaring Khatedari rights over the pasture land.

8. Counsel for petitioner undertakes to do the needful for compliance of the peremptory order and to take necessary steps for bringing the legal representatives of deceased respondents on record, soon after restoration of the writ petition.

9. Considering the issue involved in the main writ petition, in the opinion of this Court, writ petition requires to be heard, considered and decided on merits. But the writ petition has been dismissed on account of non-compliance of the peremptory order, for not filing PF and notices as also for not taking steps for bringing the legal representatives of few of the deceased respondent, who died during course of writ petition.

10. In the restoration application as well, few of the respondents have not been served and few of the respondents, who had passed away, their legal representatives have not been taken on record and it is pending in order category since 2018.

11. This Court finds that the said exercise is yet to be done in the main writ petition and one of the contesting respondent No.4, who was plaintiff in the original suit has put in appearance in this restoration application, therefore, without going into the technicalities and in order to impart justice, this Court deems it just and proper to allow the restoration application. The delay in filing the restoration application is also hereby condoned. The writ petition is allowed to be restored to its original number.

12. However, for negligence on the part of petitioner JDA, petitioner is saddled with the cost of Rs.5000/- to be paid to the respondent- plaintiff, for which counsel for petitioner is agreeable and may draw a cheque in the name of counsel appearing on behalf of respondent No.4, who may accept the same on behalf of respondents-plaintiffs.

13. In view of above, instant writ restoration application stands disposed of.

14. All other pending application(s), if any, also stand disposed of. NITIN /59 (SUDESH BANSAL),J