RAJEEV BHANDARI Vs. JODHPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) By way of the present writ petition, the petitioner has challenged the notice/order dtd. 24/9/2025 (Annexure-3) and has also sought quashment of all further proceedings initiated pursuant to the said notice. The petitioner has further prayed that the flat in question may not be put to auction and that any recovery sought to be made be effected from the original borrower.

(2.) The facts, in brief, as pleaded in the writ petition, are that the petitioner purchased Flat No. C-97(A) situated at Parshvanath City, Jodhpur (hereinafter referred to as the purchased flat ) on 21/8/2018. The said flat was constructed by the developer on a plot, the sub-division whereof was approved by the Jodhpur Development Authority (JDA) on 30/8/2017. Since the purchase of the said flat, the petitioner has been residing therein along with his family.

(3.) Learned counsel for the petitioner submitted that the proceedings initiated by respondent No.2 are mandatorily required to follow the procedure prescribed under Ss. 13(2) and 13(3) of the Act of 2002. However, in the present case, without adhering to the said statutory provisions, respondent No.2 has straightaway issued the impugned notice by invoking powers under Sec. 13(4) of the Act of 2002.