GOVIND PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The matter has been listed in the category of 'for orders'. With the consent of learned counsel for the parties, the matter is heard finally today, itself.

(2.) The instant writ petition has been filed by the petitioner under Article 226 and 227 of the Constitution of India with the following prayers:-

(3.) Brief facts of the case are that within the territory of Abu Road, there is a temple of Shri Ramji under the trust of Ramji Mandir Trust, which is being possessed by Bhakati Hardya Sharan without having any right, title and interest over it. There is a land admeasuring 33 sq fts x 36 sq fts= 1188 sq fts in Ward No.10 near the house of Ishwar Singh Choutharam, Sadar Bazar, Abu Road which is in the name of Shri Bhagwan Kishan Swaroop son of Shanti Swaroop Agarwal, resident of Akara Bhatta of Abu Road. The respondent Bhakati Hardya Sharan started illegal construction over it without sanction/permission of the respondent-Municipal Council, Abu Road, upon which, various complaints were made to the respondents. After coming into knowledge about the complaint, the respondent-Bhakati Hardya Sharan submitted an application for sanction/permission of construction based on the forged documents. The Municipal Council processed the application for sanction/permission of raising construction in the year 2018 over the land of patta No.537 dtd. 29/9/1943. In the report, a fact came to knowledge that the applicant-respondent had shown the size of land as 33 sq.fts x 36 sq.fts=1188 sq.fts whereas, the size as shown in Patta No.537 for plot is 28 sq.fts x 45 sq.fts = 1260 sq.fts, and from the map, the same was not being tallied. Furthermore, the four corners of the plot in question did not match. Considering the application for sanction of construction, the Municipal Council took two decisions viz. (1) Issue notice for filling up of pit and (2) Asked Senior Town Planner, not to proceed further for making conversion of the land from residential to commercial.