MUNICIPAL COUNCIL, PALI Vs. DEENDAYAL AND ORS.

JUDGEMENT

(1.) Heard Mr.Paramveer Singh, learned counsel for the Municipal Council, Pali - the appellant in these appeals and Mr.Alkesh Agarwal, learned counsel for respondent No.1 Deendayal in DBCSA No.485/2013.

(2.) In this batch of 34 Special Appeals, the Municipal Council, Pali is aggrieved by the observations of learned Single Judge in his judgment dated 13.2.2013 by which he had partly allowed the writ petitions and while setting aside the order passed by the District Collector, Pali dated 28.9.1998 and the order of the Divisional Commissioner, Jodhpur dated 22.2.2005, restored the matters back to the District Collector, Pali for decision afresh in accordance with law.

(3.) The observations with which the Municipal Council, Pali is aggrieved, have been made in para 23 to 26 in which the learned Single Judge travelling beyond the prayers made in the writ petition, expressed as a caveat that where allotment, transfer, lease or conveyance deeds have been executed, the District Collector has no power to cancel the documents and that for that purpose, after the District Collector, Pali passes an order in respect of validity of the lease deeds or the orders of allotment, the Municipal Council, Pali will have to file a suit for cancellation of the registered documents.