KAILASH CHAND Vs. DISTRICT COLLECTOR AND ORS.

JUDGEMENT

(1.) WE have heard learned counsel appearing for the parties.

(2.) AGGRIEVED by the order passed by the District Collect or, Baran dated 6.3.2006 by which he had set aside the orders dated 20.2.2006 and 28.2.2006 as well as the order dated 29.6.2002, making disposal of land by way of allotment of 368 sq.ft. in favour of Shri Mool Chand, and 897 sq.ft. in favour of Kailash Chand, on the ground that though the land allotted to each of them is not 100 sq. yard; the plot, as a whole without any division in front of house of the allot tees, who are real brothers, was not a strip of land for either of them or together for the purposes of disposal by Municipal Corporation under Rule 23 of The Rajasthan Municipalities (Disposal of Urban Land) Rules, 1974 (for short, "the Rules") and further, that the disposal was made ignoring the earlier orders passed by the Sub Divisional Magistrate, Baran dated 23.6.2005, by which he had found that the land in dispute disposed of by the Nagar Palika on 30.10.1973 was not proper, inasmuch as, the land was open in front of house of the revisionist. Learned Single Judge dismissed the writ petit ion on the ground that detailed reasons have been given by the revisional authority taking note of the earlier rejection of allotment of land, giving rise to this DB Special Appeal.

(3.) RULE 23 of the Rules is quoted below: -