MAHENDRA CHOUDHARY Vs. JODHPUR DEVELOPMENT AUTHORITY, JODHPUR

JUDGEMENT

(1.) Since both the instant petitions involve a common controversy, though with marginal variation in the contextual facts, therefore, for the purposes of the present analogous adjudication, the facts and the prayer clauses are being taken from the above-numbered S.B. Civil Writ Petition No.14929/2023, while treating the same as a lead case.

(2.) The prayer clauses read as under:

(3.) Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that petitioner instituted a suit for declaration and mandatory & permanent injunction alongwith an application under Order 39 Rule 1 & 2 CPC with Sec. 151 CPC against the respondents before the learned Civil Judge & Metropolitan Magistrate No.2, Jodhpur Metropolitan, stating therein that the petitioner was having a land i.e. plot no. 45 and 46 in Khasra no.53 at Village-Banad, which was purchased by him through a sale deed from one Gopal Das. On the western side of khasra no.53, there was a land of khasra no.56 and the same was allotted to the respondents; whereafter, respondents also placed their board on khasra no. 53 for construction of administrative & residential block of police department and the possession of the land in question was handed over to the respondents.