CW 10237/07 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.10237/2007 Jaipur Development Authority Versus JDA Tribunal, Surendra Jain & Others. Date of Order ::: 18/05/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Arvind Kr. Gupta ) Mr. Rinesh Gupta ) for petitioner Instant petition has been filed by Jaipur Development Authority (“JDA”) assailing order dt.11/05/2004 (Ann.2) whereby JDA Tribunal directed that in terms of the Award passed by Deputy Registrar, Co-operative Societies in favour of respondent NO.2 (Surinder Jain), plot NO.146, New Sanganer Bye-Pass Jaipur may be allotted by JDA. It appears from the record that respondent NO.2 initially raised a dispute against society (respondent NO.3) before Deputy Registrar, Co-operative Societies under Rajasthan Co-operative Societies Act, 2001 and after examining the material, Deputy Registrar passed an Award – in terms whereof, plot in question was to be allotted to him who was entitled for issuance of patta whereof. This Award of the Dy. Registrar Co-operative Societies attained finality. But petitioner JDA since failed to passed order of allotment and issue Patta in CW 10237/07 //2// terms of Award, dispute was raised by respondent NO.2 U/s 83 of the Act by way of appeal before JDA Tribunal, where petitioner JDA filed its reply and only fact stated therein was that as per the scheme submitted by Housing Society (respondent NO.5) after it was approved, pattas were allotted to respective allottees. However, there was no dispute with regard to jurisdiction in entertaining appeal preferred by respondent NO.2. Since Award passed by Deputy Registrar Co-operative Societies attained finality and respondent NO.2 became legally entitled for allotment of plot; accordingly the Tribunal directed the JDA to allot plot in his favour in terms of Award in question which attained finality. Counsel submits that such dispute could not have been entertained which was beyond the scope of S.83 of the JDA Act. Suffice it to say that no such objection was ever raised by petitioner JDA before the Tribunal in regard to its jurisdiction in entertaining such appeals. That apart, once respondent NO.2 became entitled for allotment of plot in question in terms of the Award passed by Deputy Registrar Co-operative Societies, which attained finality, the JDA was under legal obligation to issue patta in his CW 10237/07 //3// favour in terms of the Award and in fact respondent NO.2 who was to be allotted patta of the plot in question was unnecessarily dragged by the authority to invoke section 83 of the JDA Act filing appeal before Tribunal. There is no manifest error apparent on the face of record in the finding recorded by JDA Tribunal which may call for interference in the order impugned. Consequently, writ petition fails and is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p.3/10237CW07May18Ds.doc