IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN D.B. Special Appeal (Writ) No.305/2009 In S.B. Civil Writ Petition No.6157/1998 {Smt. Pushpa Devi Mishra and Another Vs. Jaipur Development Authority and Others} Date of Order ::: 29.04.2009 Present Hon’ble the Chief Justice Mr. Deepak Verma Hon'ble Mr. Justice Narendra Kumar Jain Shri N.S. Chauhan, Counsel for appellants #### By the Court:- Heard. Record perused. Appeal is by the persons, who have been impleaded vide order dated 10th April, 2009 on their own application in Writ Petition No.6157/1998 as respondents no.6 and 7; they have also filed an application for recalling the order dated 1st April, 2009, which was passed before they were directed to be joined as respondents. On 1st April, 2009 the learned Single Judge directed that Jaipur Development Commissioner would resolve the dispute with regard to existence of 30’ road in Shanti Nagar Scheme. We have been given to understand, pursuant to the said order passed by this Court, Jaipur Development Authority has issued a notice to the appellants on 20th April, 2009 calling upon them to surrender 30’ of land out of the Plots No.140 and 141. It appears that they are aggrieved by the said order. The said order, admittedly, cannot be challenged directly in the High Court in the light of the provisions as contained in Jaipur Development Authority Act (for short, ‘the Act’). // 2 // Confronted with this situation, the learned counsel for the appellants submitted that he would now prefer an appeal before the appellate authority constituted under the Act. We accordingly grant permission to the appellants to do so. Along with the appeal, the appellants would also be at liberty to file an application for grant of stay, which would also be considered by the appellate authority on merits in accordance with law. However, it is further clarified that pendency of the aforesaid writ petition filed by others in which the present appellants have been arrayed as respondents, would not come in their way for getting the appeal decided on merits. With the aforesaid observations, this appeal stand dismissed. (Narendra Kumar Jain) J. (Deepak Verma) C.J. //Jaiman//