NOOR MOHAMMAD Vs. NAGAR NIGAM JAIPUR

JUDGEMENT

(1.) The petitioner, who is admittedly a trespasser over the public land in question, has filed this revision petition in this Court under Section 115 of the Code of Civil Procedure, against the order dated 21st July, 1994 passed by the learned District Judge, Jaipur on the ground that the allotment of the land, measuring 43.33 sq. yards situated in Sanganer Residential Scheme, District Jaipur, vide resolution dated 9th March, 1992 passed by the Municipal Board, Sanganer, was done by the respondent No. 1 viz., Nagar Nigam, Jaipur through its Administrator in his favour.

(2.) The petitioner deposited a sum of Rs. 5,383.85 paisa on 9th March, 1992 itself with the respondents towards the cost of the land. On 24th March, 1992 Patta was issued in favour of the petitioner which was followed by the registration of the sale deed in his favour on 26th March, 1992. The petitioner, thereafter, applied for permission of the Municipal Board to raise construction over the land in question and the permission was granted by the Municipal Board. Subsequently on 24th August, 1992, notice was issued by the Municipal Board, on the basis of a resolution passed by the Municipal Board, cancelling the earlier allotment done in favour of the petitioner. The cancellation of the allotment was done for the reason that the Municipal Board, Sanganer was merged with the Municipal Corporation, Jaipur by a notification of the State Government.

(3.) It has been contended by Shri Pankaj Bhandari, learned counsel for the petitioner that the respondent-Municipal Corporation was not justified in cancelling the allotment which had been validly done in favour of the petitioner and the sale deed was duly registered in favour of the petitioner prior to the resolution dated 24-8-1992. It has been further contended by the learned counsel for the petitioner that no powers vest with the Municipal Corporation to cancel the registration of sale deed, which power vests only with the Court.