SHAMSHI ALAM Vs. URBAN IMPROVEMENT TRUST

JUDGEMENT

(1.) The case comes up on an application (Inward No. 01/22) preferred for early hearing, however, with the consent of the learned counsel for the parties, the matter is being heard and decided finally today itself.

(2.) The present writ petition has been filed with the following prayers:

(3.) Brief facts giving rise to the present writ petition are that proceedings under Sec. 90B of the Rajasthan Land Revenue Act, 1954 (hereinafter referred to as 'the Act') were undertaken by the respondents for number of khasras including khasra Nos. 879 and 900 and an order to that effect was passed on 13/7/2001. The petitioner purchased the plots from the erstwhile khatedar of the land, namely, Shahid Hussain. The problem arose to the petitioner when the order dtd. 13/7/2001 was challenged by the respondent no. 3 by way of filing an appeal before the Divisional Commissioner, Udaipur for setting aside the same and the learned Divisional Commissioner, Udaipur vide order dtd. 30/8/2016 allowed the appeal and quashed the order dtd. 13/7/2001 without giving any opportunity of hearing to the persons named in the order dtd. 13/7/2001. As a consequence of the order dtd. 30/8/2016, the application of the petitioner for mutation was rejected vide order dtd. 10/1/2017 (Annexure-11).