DEEN DAYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY way of present writ petition, the petitioner has prayed for following relief: -

(2.) FROM a perusal of the Advocate's notice dated 28.04.2010 (Annex.6)served by the petitioner on the Chairman, Municipal Board, Sumerpur District Pali, and the Executive Officer, Municipal Board, Sumerpur, the Chairman did not sign on the sale- deed for the strip of land whereas the Executive Officer had so signed, it is revealed that the petitioner was originally alloted a commercial plot of land measuring 16' x 11' only in Rajendrasa Market, Ward No.9, Sumerpur, on which the petitioner had constructed a shop. According to the petitioner, there was a strip of land ("Khancha-Bhumi") on both the sides of his shop, which strip of land was available for being sold, which could not be utilized for any other alternative use and, therefore, as per the relevant rules, the petitioner was entitled to be given the same. The petitioner, therefore, applied for such strip of land vide his application dated 03.08.2009 (Annex.1) and upon approval of the proposal by the Board on 13.08.2009, the strip of land on both the sides of the allotted plot of land measuring 16' x 11', on one side 18' x 11' and on the other side 12' x 10'', total 330 square feet or 30.6 square meter, was to be allotted to him as a strip of land, and the sale-deed was prepared (Copy of such sale-deed is Annex.5 to the writ petition). The said sale-deed (Annex.5), although was signed by the Executive Officer, Municipal Board, Sumerpur, however, the Chairman of the Board refused to sign the same and at this stage, the petitioner approached this Court by way of present writ petition claiming the aforesaid relief.

(3.) AN application (IA No.17894/10) under Article 226 of the Constitution of India by the applicants seeking impleadment as party- respondents, has been filed by the applicants, who are 8 in number, viz. Ghisu Lal, Kishan Lal, Madan Lal, Smt. Ratan Mehta, Bhura Ram, Mohan Lal, Ranjeet Kumar and Heera Lal in the present writ petition, purportedly seeking to oppose the execution of sale-deed in favour of petitioner.