Rajasthan High Court – Jodhpur
Girvarlal Chaudhary vs State Of Rajasthan on 2 July, 2026
Author: Sameer Jain
Bench: Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
S.B. Civil Writ Petition No. 10073/2026
Girvarlal Chaudhary
----Petitioner
Versus
State Of Rajasthan
----Respondent
Connected With
S.B. Civil Writ Petition No. 21675/2025
Girvarlal Chaudhary
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. Mohit Sharma &
Mr. Harshvardhan Thanvi
For Respondent(s) : Mr. Vijay Purohit
Mr. Pradeep Singh Rajpurohit &
Mr. Hanuman Singh Gour
HON'BLE MR. JUSTICE SAMEER JAIN
Order
02/07/2026
In S.B. Civil Writ Petition Nos. 10073/2026 and
21675/2025:
The instant petitions have been filed with the following
prayers:
“In SBCWP No. 10073/2026:-
A) Issue an appropriate writ, order or direction,
quashing and setting aside the impugned action of
the respondents whereby the petitioner’s application
dated 17.10.2024 submitted under Section 90-A has
been “auto closed” on 23.11.2024, being illegal,
arbitrary, non-speaking and violative of the principles
of natural justice.
B) Issue an appropriate writ, order or direction
directing the respondents to restore/revive the
petitioner’s application dated 17.10.2024 to its
(Uploaded on 04/07/2026 at 12:39:21 PM)
(Downloaded on 06/07/2026 at 08:49:44 PM)
(2 of 10) [CW-10073/2026]original position and to consider and decide the same
afresh, strictly in accordance with law;
C) Issue an appropriate writ, order or direction
declaring that the impugned “auto-closure” action,
being uncommunicated and not passed by a
competent authority, is void ab initio and non est in
the eyes of law;
D) Issue an appropriate writ, order or direction
directing the respondents to act in accordance with
the binding State Government notifications/circulars
dated 01.07.2022, 14.07.2022 and 28.07.2022 and
to consider the petitioner’s case for conversion
accordingly, including initiation of suo motu
proceedings, if applicable.
In SBCWP No. 21675/2025:-
A) By an appropriate writ, order or direction, quash
and set aside the impugned order dated 09.05.2025
(Annexure-06) and the seizure action dated
28.05.2025 (Annexure-07) passed and executed by
the officials of the Udaipur Development Authority,
Udaipur.
B) By an appropriate writ, order or direction, Direct
the respondents to forthwith remove the seal and
restore possession of the petitioner’s property
situated at Khasra No. 2451 (Part) and 2452 (Part),
Revenue Village Titardi, District Udaipur to the
petitioner;
C) By an appropriate writ, order or direction,
Declare that the petitioner’s application dated
04.11.2024 for conversion of land use be deemed to
have been approved under Rule 7 of the Rules of
2012, and direct the respondents to issue the
necessary conversion order and NOC in favour of the
petitioner;
D) By an appropriate writ, order or direction,
Declare that the petitioner, being a registered
enterprise under the Rajasthan MSME (Facilitation of
Establishment and Operation) Act, 2019, is entitled to
exemption from any prior approval/NOC for the
prescribed period and restrain the respondents from
taking any coercive steps against the petitioner’s
property;
E) By an appropriate writ, order or direction, Direct
the respondents to compensate the petitioner for the
loss and damages suffered due to illegal seizure,(Uploaded on 04/07/2026 at 12:39:21 PM)
(Downloaded on 06/07/2026 at 08:49:44 PM)
(3 of 10) [CW-10073/2026]including the loss of scrap materials and the
consequential business loss, as may be determined by
this Hon’ble Court;
F) Issue any other appropriate writ, order or
direction which this Hon’ble Court may deem just and
proper in the facts and circumstances of the present
case; and
G) Award costs of this writ petition to the
petitioner.”
At the outset, learned counsel appearing for and on behalf of
the petitioner(s) have submitted that due to non-functionality of
the Appellate Tribunal concerned, the petitioner(s) is/are left with
no remedy, other than to make a plea to invoke the writ
jurisdiction of this Court.
Heard.
List these matters after one week.
In Suo Moto :
1. Upon perusal of the instant batch of writ petitions, and while
exercising jurisdiction in terms of the present roster, it is observed
that the petitions have been instituted under Article 226 of the
Constitution of India, laying challenge to various actions,
omissions, and orders emanating from the quasi-judicial
authorities and officers functioning under the aegis of the Udaipur
Development Authority, the Jodhpur Development Authority, and
the Bikaner Development Authority (hereinafter collectively
referred to as ‘the Development Authorities’).
2. During the course of hearing, this Court has been
constrained to take judicial notice of a grave and systemic
administrative lapse of far-reaching consequences. It has emerged
that the governing statutes of the aforesaid Development
Authorities, namely, the Rajasthan Urban Improvement Act, 1959,
(Uploaded on 04/07/2026 at 12:39:21 PM)
(Downloaded on 06/07/2026 at 08:49:44 PM)
(4 of 10) [CW-10073/2026]the Udaipur Development Authority Act, 2023, the Bikaner
Development Authority Development Act, 2025 and the Jodhpur
Development Authority Act, 2009, along with analogous statutory
frameworks contain pari materia provisions mandating the
constitution of specialized Appellate Tribunals. By way of
illustration, it can be jot down that a conjoint reading of Section
77 of the Jodhpur Development Authority Act, 2009 unmistakably
manifests the legislative intent to create a specialized adjudicatory
forum, thereby ensuring that disputes arising from the actions of
the Authority are first subjected to statutory scrutiny before
invocation of constitutional remedies, similarly Section 80 of the
Udaipur Development Authority Act, 2023 and the Bikaner
Development Authority Development Act, 2025, unequivocally
provides for the constitution of learned Tribunal by the State
Government, which is vested with the jurisdiction to adjudicate
disputes and entertain appeals arising from orders or notices
issued by the Authority. For the sake of handiness the relevant
provisions as relied and referred ad supra are reproduced
hereinbelow:
“77. Constitution of Tribunal (Jodhpur
Development Authority Act, 2009):-
(1) The State Government shall, by notification in the
Official Gazette, constitute a Tribunal for the purposes
of this Act.
(2) The Tribunal shall consist of one person who shall
be an officer of the State Government and shall be
paid such salary and allowances as may be determined
by the State Government.
(3) The State Government may, to assist the Tribunal,
direct the Authority to appoint such number of(Uploaded on 04/07/2026 at 12:39:21 PM)
(Downloaded on 06/07/2026 at 08:49:44 PM)
(5 of 10) [CW-10073/2026]servants and of such cadre as may be deemed
necessary.
(4) The expenses of the Tribunal shall be borne by the
Authority.
(5) The procedure to be followed by the Tribunal in
deciding the appeals or disputes referred to it under
this Act shall be such as may be prescribed.
(6) The Tribunal shall have the same powers as are
vested in a civil court under the Code of Civil
Procedure, 1908 (Central Act No. V of 1908) in respect
of hearing and deciding of an appeal or any dispute
referred to it.
(7) Except as otherwise provided, any dispute arising
out of any provision of this Act may be referred to the
Tribunal by the Authority. The decision of the Tribunal
shall be final and binding on all the parties thereto.
(8) Except as otherwise provided-
(a) any person aggrieved by an order or notice of the
Authority may file an appeal in the Tribunal within
thirty days of the communication of such order or
notice to him; and
(b) any person aggrieved by any threatened act or
injury from the Authority affecting his rights may refer
the dispute to the Tribunal within thirty days of the
communication or knowledge of such threatened act or
injury;
and the decision of the Tribunal shall be final.
Section- 80. Constitution of Tribunal (Udaipur
Development Authority Development Act, 2023):-
(1) The State Government shall, by notification in the
Official Gazette, constitute a Tribunal for the purposes
of this Act.
(2) The Tribunal shall consist of one person who shall
be an officer of the State Government and shall be(Uploaded on 04/07/2026 at 12:39:21 PM)
(Downloaded on 06/07/2026 at 08:49:44 PM)
(6 of 10) [CW-10073/2026]paid such salary and allowances as may be determined
by the State Government.
(3) The State Government may, to assist the Tribunal,
direct the Authority to appoint such number of
employees and of such cadre as may be deemed
necessary.
(4) The expenses of the Tribunal shall be borne by
the Authority.
(5) The procedure to be followed by the Tribunal in
deciding the appeals or disputes referred to it under
this Act shall be such as may be prescribed.
(6) The Tribunal shall have the same powers as are
vested in a civil court under the Code of Civil
Procedure, 1908 (Central Act No. 5 of 1908) in respect
of hearing and deciding of an appeal or any dispute
referred to it.
(7) Except as otherwise provided, any dispute arising
out of any provision of this Act may be referred to the
Tribunal by the Authority. The decision of the Tribunal
shall be final and binding on all the parties thereto.
(8) Except as otherwise provided,-
(a) any person aggrieved by an order or notice of the
Authority may file an appeal in the Tribunal within
thirty days of the communication of such order or
notice to him; and
(b) any person aggrieved by any threatened act or
injury from the Authority affecting his rights may refer
the dispute to the Tribunal within thirty days of the
communication or knowledge of such threatened act or
injury, and the decision of the Tribunal shall be final.”
80. Constitution of Tribunal (Bikaner
Development Authority Development Act, 2025):-
(1) The State Government shall, by notification in the
Official Gazette, constitute a Tribunal for the purposes
of this Act.
(Uploaded on 04/07/2026 at 12:39:21 PM)
(Downloaded on 06/07/2026 at 08:49:44 PM)
(7 of 10) [CW-10073/2026]
(2) The Tribunal shall consist of one person who shall
be an officer of the State Government and shall be
paid such salary and allowances as may be determined
by the State Government.
(3) The State Government may, to assist the Tribunal,
direct the Authority to appoint such number of
employees and of such cadre as may be deemed
necessary.
(4) The expenses of the Tribunal shall be borne by the
Authority.
(5) The procedure to be followed by the Tribunal in
deciding the appeals or disputes referred to it under
this Act shall be such as may be prescribed.
(6) The Tribunal shall have the same powers as are
vested in a civil court under the Code of Civil
Procedure, 1908 (Central Act No. 5 of 1908) in respect
of hearing and deciding of an appeal or any dispute
referred to it.
(7) Except as otherwise provided, any dispute arising
out of any provision of this Act may be referred to the
Tribunal by the Authority. The decision of the Tribunal
shall be final and binding on all the parties thereto.
(8) Except as otherwise provided,-
(a) any person aggrieved by an order or notice of the
Authority may file an appeal in the Tribunal within
thirty days of the communication of such order or
notice to him; and
(b) any person aggrieved by any threatened act or
injury from the Authority affecting his rights may refer
the dispute to the Tribunal within thirty days of the
communication or knowledge of such threatened act or
injury, and the decision of the Tribunal shall be final.”
3. These statutory tribunals are conceived as primary forums to
ensure efficacious, specialized, and expeditious redressal of
(Uploaded on 04/07/2026 at 12:39:21 PM)
(Downloaded on 06/07/2026 at 08:49:44 PM)
(8 of 10) [CW-10073/2026]
grievances of citizens aggrieved by developmental and regulatory
actions. However, notwithstanding the explicit legislative mandate,
the State Government has failed to constitute and operationalize
these Appellate Tribunals. This failure is not merely procedural but
strikes at the root of access to justice, effectively rendering
litigants remediless at the foundational level.
4. The inevitable consequence of such executive inaction is the
inundation of this Court with writ petitions that would otherwise
have been adjudicated by the statutorily prescribed forums. It is a
trite and well-settled principle that the writ jurisdiction under
Article 226 is discretionary and ordinarily ought not to be invoked
where an efficacious alternative remedy exists. The Hon’ble
Supreme Court in Whirlpool Corporation v. Registrar of
Trademarks, Mumbai: (1998) 8 SCC 1 authoritatively held that
the High Court should refrain from exercising writ jurisdiction
where adequate alternative remedies are available, save in
exceptional circumstances. Likewise, in Assistant Collector of
Central Excise v. Dunlop India Ltd.: (1985) 1 SCC 260, the
Apex Court cautioned against bypassing statutory remedies.
However, the present situation presents a paradox of
constitutional significance. The alternative remedy contemplated
by statute is illusory due to the non-constitution of the tribunals.
In L. Chandra Kumar v. Union of India: (1997) 3 SCC 261,
the Hon’ble Supreme Court underscored the importance of
tribunals as integral components of the justice delivery system,
while maintaining the supervisory jurisdiction of High Courts. The
absence of such tribunals thus disrupts the carefully calibrated
constitutional balance.
(Uploaded on 04/07/2026 at 12:39:21 PM)
(Downloaded on 06/07/2026 at 08:49:44 PM)
(9 of 10) [CW-10073/2026]
5. Furthermore, given the rapid urbanization and exponential
infrastructural expansion in cities such as Udaipur, Jodhpur, and
Bikaner, disputes pertaining to land use, zoning, allotments, and
regulatory compliance are witnessing a consistent and alarming
surge. The magnitude of the impending crisis may be appreciated
by drawing a parallel with the Jaipur Development Authority
Appellate Tribunal, where an overwhelming backlog of cases
reportedly runs into lakhs, and thus, the failure to establish similar
tribunals in other regions portends a situation of judicial paralysis
and denial of timely justice.
6. This Court cannot remain a silent spectator to such systemic
erosion of statutory rights and institutional mechanisms; and is
otherwise of a view that ‘where the law ordains a remedy but the
State withholds the forum, justice is not merely delayed, it is
institutionally denied. Courts then do not overreach by
intervening; they simply step in where governance has abdicated’.
The constitutional mandate under Article 226 of the Constitution of
India, being wide and plenary, empowers this Court not only to
adjudicate disputes but also to issue appropriate directions to
ensure that statutory authorities discharge their obligations in
accordance with law. The power of this Court to take suo motu
cognizance flows inherently from its constitutional role as a
sentinel on the qui vive.
7. In light of the foregoing discussion, and upon an anxious and
considered evaluation of the prevailing administrative vacuum and
its deleterious impact on the justice delivery system, this Court
deems it appropriate to invoke its inherent powers and take suo
motu cognizance of the matter in larger public interest.
(Uploaded on 04/07/2026 at 12:39:21 PM)
(Downloaded on 06/07/2026 at 08:49:44 PM)
(10 of 10) [CW-10073/2026]
8. To assist this Court in addressing the complex issues of
institutional reform and statutory compliance, the learned
President of the Rajasthan High Court Lawyers’ Association,
Jodhpur, Shri Dilip Singh Udawat, is hereby appointed as amicus
curiae. The amicus shall render assistance on questions pertaining
to statutory interpretation, administrative feasibility, and
comparative institutional frameworks.
9. Accordingly, and in light of the provisions enumerated in
Rule 385-Q of the Rules of the High Court of Judicature for
Rajasthan, 1952 the Registrar (Judicial) is directed to register the
aforesaid as a Public Interest Litigation. The same be placed
before the Hon’ble Acting Chief Justice with a request for his kind
consideration, passing of appropriate administrative orders and for
assignment to a competent Bench in accordance with the roster.
(SAMEER JAIN),J
37-38-Pooja/-
(Uploaded on 04/07/2026 at 12:39:21 PM)
(Downloaded on 06/07/2026 at 08:49:44 PM)
Powered by TCPDF (www.tcpdf.org)
