HEERA DEVI TIWARI Vs. MUNICIPAL BOARD, NOKHA

JUDGEMENT

(1.) The present writ petition has been filed under Articles 226 and 227 of the Constitution of India with the following prayers:-

(2.) The brief facts of the case are that one Shri Srilal Tiwari was allotted a land ad measuring 711 sq. ft. situated near Navli Gate, Nokha, District Bikaner prior to the year 1973 on rent by the respondent - Municipal Board and possession of the same was also given and he was running his shop there. On 21/6/1991, the respondent-Municipal Board, without any notice to the allottee, dispossessed him. Thereafter, when the matter came to the knowledge of the Local Self Department, the respondent No.3 made a communication dtd. 29/7/1991 (Annex.1) to the Chairman, Municipal Board, Nokha and directed him to restore the dispossessed persons on the same place or any nearby appropriate place. However, in spite of the aforesaid, the original allottee (Shri Srilal Tiwari) was not given appropriate place, therefore, he instituted a civil suit against the respondent - Municipal Board wherein a compromise dtd. 10/2/1995 (Anne.2) was arrived at between the parties and it was agreed upon to allot 684 sq. ft. land in place of 711 sq. ft. in the southern side of Booking Room situated at Navli Gate and further ensured to complete the regularization proceedings and the suit was decreed accordingly vide order dtd. 10/2/1993.

(3.) In pursuance of the said compromise, the respondentMunicipal Board directed the Munior Engineer to give possession of 38'X18' = 684 sq. ft. land to the original allottee as per Condition No.1 of the compromise after leaving 15 ft. land of southern side of Booking Room vide order dtd. 29/4/1995. Pursuant to the order aforesaid, the possession of the land was given to the original allottee (Shri Srilal Tiwari).