- (1.) This petition has been filed with the prayer that residential scheme Vidhansabha Sachivalaya Nagar (hereinafter 'the scheme') in Khasra No.172, 186, 187, 188 situated in village Dhabas Ajmer Road Jaipur be quashed and set aside and the respondent Jaipur Development Authority Jaipur (JDA) be restrained from allotment and regularisation of plots in the said scheme spread over the khasras referred to herein above.
(2.) Relevant facts for consideration of the relief prayed for are that the petitioners claims khatedari rights over land in Khasra No.172, 186, 187, 188 situated in village Dhabas Ajmer Road Jaipur based on a purported patta issued in the year 1939 by the erstwhile Jagirdar Hari Narayan Purohit to their ancestors. It has been submitted that the land in Khasra No.172, 186, 187, 188 situated in village Dhabas Ajmer Road Jaipur having been erroneously recorded as Khalsa in revenue records and the said fact coming to the knowledge of the petitioner they filed a suit No.55/2014(new) for declaration and permanent injunction before the Sub Divisional Officer, Jaipur. The said suit was however dismissed on 3-5-1997 as was the first appeal against the dismissal by the Revenue Appellate Authority Jaipur in the year 2000. The petitioners carried the matter to the Board of Revenue, Ajmer (hereinafter 'the Board') in Second Appeal, whereupon the Board vide judgment dated 5-12-2001 remanded the matter to the Sub Divisional Officer for adjudication of the suit afresh. It has been submitted that thereafter on an application for interim injunction under Section 212 Rajasthan Tenancy Act, the Sub Divisional Officer vide order dated 28-12-2002 in the interim injuncted the respondents to the suit that the land in Khasra No.172, 186, 187, 188 situated in village Dhabas Ajmer Road Jaipur neither be allotted nor regularised in the name of any persons and further that the petitioners not be dispossessed therefrom or obstructed from use thereof.
(3.) It has been submitted that the JDA aggrieved of the order dated 5-12-2001 passed by the Board, laid SBCWP No.8924/2002 before this court, whereupon vide order dated 5-12-2002 this court while issuing notices directed that status quo be maintained as obtaining on the aforesaid date. The interim order was however to be effective only after service of notice on respondents in the writ petition. It has been submitted that subsequently on 16-12-2011 on an application moved by JDA the writ petition was allowed to be withdrawn consequent to which the judgment dated 5-12-2001 passed by the Board remanding the petitioners' case to the Sub Divisional Officer attained finality, in pursuance whereof the suit is now pending before him. It has been submitted that despite the interim order passed by the Sub Divisional Officer Jaipur, the respondent JDA approved the Vidhansabha Sachivalaya Nagar residential scheme inter alia including the land in Khasra No.172, 186, 187, 188 situated in village Dhabas Ajmer Road Jaipur. This according to counsel for the petitioners is wholly illegal and hence liable to be quashed.;