HARI CHAND SUTHAR Vs. REHMAT

JUDGEMENT

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

(2.) The brief facts of the case are that the respondent No.1-plaintiff filed a suit for permanent injunction against the respondent No.2 alleging that the plaitniff had purchased a plot ad measuring 1400 sq. ft. at Kanta Kathuriya Colony, Bikaner through registered sale-deed dtd. 3/5/2000 from one Javed Ali. The patta of the disputed was in the name of father Javed Ali being Patta No.697 dtd. 28/11/1974, issued by Gram Panchayat Shivbari, Bikaner. The disputed plot is in the use and occupation of the plaintiff and it has further been alleged that permission for repairing and construction was granted by the Municipal Corporation, Bikaner on 1/2/2002 for the plot in dispute Khancha B-26 and thereafter, the construction was made over it.

(3.) It is alleged in the suit that one Harichand (present petitioner) tried to get the plot in question from the Municipal Corporation, Bikaner while alleging that he is a resident of Plot No.B-26 and he also filed a suit in the name of Harichand Vs. Municipal Corporation, Bikaner and Rehmat. The said suit was subsequently withdrawn vide order dtd. 12/12/2011.