GOKULCHAND Vs. GOVERNMENT OF RAJASTHAN

JUDGEMENT

(1.) These are two applications under Article 226 of the Constitution of India. As the same points are at issue in both the applications they are disposed of by one judgment.

(2.) Miscellaneous application No. 33 of 1950 has been filed on behalf of Shrimati Bitto Devi and Miscellaneous application No. 28 of 1950 has been filed on behalf of Seth Gokulchand. The opposite parties in both the applications are (1) Government of Rajasthan, (2) Secretary, Local Self Government Department, Rajasthan, (3) Municipality, Dholpur.

(3.) The facts of Shrimati Bitto Devi's case are that she purchased three plots of land adjacent to her house from the Dholpur Municipality on the 17th of November 1948 on payment of Rs. 413/10/-. Permission to construct houses on the three plots was obtained from the Dholpur Municipality on the 6th June 1949 which was again renewed on the 16th of November 1949. On the 6th of January 1950 a notice was served upon the petitioner by the Secretary, Municipality cancelling the sales. Objections were filed by the petitioner on the 7th of January 1950 before the Municipal Committee, Dholpur, which were rejected on the 31st of January 1950 on the ground that the Rajasthan Government had decided to cancel the sale made by the Municipality in favour of the petitioner. A representation was then filed by the petitioner but it was also rejected by the Rajasthan Government on the 18th of March, 1950. But the sale of one of the plots was accepted by the Government on the ground that constructions had already been made on it. As regards the other two plots the Government expressed its intention to cancel the sales. The petitioner has then filed an application under Article 226 of the Constitution of India as she apprehends infringement of her fundamental rights. The petitioner's possession of the two plots of land which were purchased by her is being threatened by the opposite parties.