MADAN GOPAL Vs. COMMISSIONER, DEVASTHAN UDAIPUR

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India has been preferred claiming the following reliefs:

(2.) Brief facts of the case, as placed before this Court by learned counsel for the petitioners, are that one Shankar Lal, Shiv Narain, petitioner-Madan Gopal (since deceased represented through LRs herein) and Amrit Lal had purchased a plot of land from one Sethia Bagtawar Chand and Gulechha Pabudan through a registered sale deed in Samvat Year 1973 (30/11/1916); thereafter, Amrit Lal moved an application on 12/6/1919 for grant of patta in respect of the land in question and the same was issued on 12/7/1920; whereafter, the petitioners constructed a building on the land in question.

(3.) Learned counsel for the petitioners submitted that the tenant Mag Dutta, with a mala fide intention, had filed the aforementioned application for the registration in question, despite the fact that no occasion therefor could have arisen, in the present factual matrix. It was further submitted that the petitioners got the patta of the land in question with an intention to construct Umaid Sarai, and that, the said property was their personal property, and not the property of any Public Trust.