- (1.) BY way of the instant writ petition, the petitioner has sought the following relief: i) To call for the record from the office of the non petitioners. ii) To restrain the R-1 from issuing / regularizing or registering etc. any further plots on the 60 ft. wide Sector road running parallel to the National Highway of Tonk Road and joining the Income Tax Colony, Muktanand Colony, Lal Bahadur Naga and SL Road. iii)To cancel and repeal the divisions and subdivisions carved out on the above said 60 ft. wide Sector road for the sake of fulfillment of the private interests at the cost of colony dwellers at large. iv) Any other benefit payable to the petitioner in the facts and circumstances of the case may be granted to the petitioner.?
(2.) HAVING considered the submissions made by the learned counsel for the petitioner and carefully perused the relevant material on record, it is noticed that Muktanand Nagar residential colony is found not to have been approved by the JDA. It is stated in letter dated 11.2.2011 addressed by Deputy Commissioner, Zone-IV, Jaipur Development Authority, Jaipur to O.S.D., C.M. Office, Secretariat, Jaipur that plot no. 14 and 15 of Muktanand Nagar Yojna are getting affected by 60 Ft. road. In Lal Bahadur Nagar Yojna, the road of 30 ft. has been approved and the road of Muktanand Nagar, Jaipur is also likely to be approved accordingly. The file has been sent to Senior Town Planner, for decision to be taken at his level. Since the said scheme has yet not been approved by J.D.A., no cause of action is found to have arisen in the instant petition. If the petitioner is aggrieved with the letter dated 11th February, 2011 addressed by the Deputy Commissioner, Zone-IV, Jaipur Development Authority, Jaipur to O.S.D., C.M. Office, Secretariat, Jaipur, he can avail the alternative remedy and file an appeal before the Jaipur Development Authority Appellate Tribunal. Since the alternative efficacious remedy is available to the aggrieved petitioner, the extraordinary jurisdiction under Article 226 of the Constitution of India cannot be permitted to be invoked by the petitioner. The High Court can't sit as an appellate court on administrative decision. It can't interfere in the absence of illegality, unconstitutionality, want of jurisdiction or malafides. For these reasons, the writ petition being bereft of any merit deserves to be dismissed in limine and the same stands dismissed accordingly.;