Rajesh Sharma v. Jaipur Development Authority

Judgment

#1. Jaipur Development Authority, Through Its Commissioner, Ram Kishor Vyas Bhawan, Indra Circle, Jawahar Lal Nehru Marg, Rambagh, Jaipur, Rajasthan, 302004

#2. Additional Director, Jaipur Development Authority, Ram Kishor Vyas Bhawan, Indira Circle, Jawahar Lal Nehru Marg, Rambagh, Jaipur, Rajasthan, 302004

#3. Jaipur Vidyut Vitran Nigam Ltd., Through Chairmen Cum Managing Director, Vidyut Bhawan, Janpath, Jyoti Nagar, Jaipur, Rajasthan 302005

#4. Jaipur Vidyut Vitran Nigam Ltd., Through Executive Engineer, Bhankrota, Ajmer Road, Bhankrota, Jaipur, 302026 ----Respondents For Petitioner(s)

: Mr. Manan Sharma, Adv. For Respondent(s) : Mr. Divyanshu Gupta, Adv. for JDA HON'BLE MR. JUSTICE ASHUTOSH KUMAR 04/11/2025 Order

#1. This petition has been filed seeking following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to:- 1. Quash and set aside the office order dated 10.09.2025 issued by the Additional Director, J.D.A. wherein the allotment of land to the petitioner was cancelled and amount of Rs.41,44,459/- was forfeited. [2025:RJ-JP:44290] (2 of 3) [CW-16499/2025] Direct the J.D.A. to restore the 2. allotment of the aforesaid plot in favour of the petitioner and extend the period for depositing the outstanding amount, in view of the bona fide circumstances explained herein. Direct the Jaipur Vidyut Vitran 3. Nigam Limited (JVVNL), to remove the electric pole and laid wires passing through the petitioner's allotted plot, thereby clearing the obstruction and restoring the plot to its usable condition. Pass such other or further orders as 4. may be deemed just, proper, and equitable in the facts and circumstances of the present case."

#2. Learned counsel for the petitioner submits that the petitioner was a successful bidder of the disputed land. Total sale consideration of the land was Rs.2,36,01,982/-, out of which the petitioner has deposited Rs. 41,44,950/-. Thereafter, when petitioner visited the disputed land, one cable of JVVNL was passing through the disputed land and the petitioner applied for removal of that cable, but no heed was paid, therefore, the petitioner failed to deposit rest of the sale amount of the plot. Hence, the JDA has cancelled the bid of the land-in-question and forfeited Rs. 41,44,459/- vide order dated 10.09.2025 issued by the Additional Director, Jaipur Development Authority.

#3. Learned counsel further submits that the petitioner has submitted a representation against the cancellation of the bid, however, the same has not been decided by the respondent-JDA Authorities and now, the JDA Authorities are going to auction the same plot again, for which advertisement has also been issued, whereas, the petitioner is ready and willing to pay the rest of the sale amount alongwith the interest, therefore, the petition be allowed. [2025:RJ-JP:44290] (3 of 3) [CW-16499/2025]

#4. On asking of the Court, Mr. Divyanshu Gupta, learned counsel appeared on behalf of respondent no.1-JDA and accepts notice.

#5. Heard learned counsel for the parties and perused the material available on record.

#6. In that view of the matter, as the representation filed by the petitioner is still pending and has not been decided yet, therefore, this petition is disposed of with the direction to the JDA Authorities to decide the representation of the petitioner within a period of 15 days from the date of receipt of certified copy of this order.

#7. Till then, JDA Authorities are restrained to create any third party interest in the disputed land.

#8. With the aforesaid direction, the petition is disposed of.

#9. Stay application and other pending applications, if any, also stand disposed of. Mohita /26 (ASHUTOSH KUMAR),J