NAGAR PARISHAD BIKANER Vs. MEGH RAJ CHOUDHARY

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) S. B. Civil Second Appeal No. 86/81 has been preferred by defendant-Municipal Board, Bikaner against the judgment and decree dated 6-9-1979 by which the trial court granted decree for perpetual injunction against the appellant-defendant Municipal Board, holding that the plot in dispute shall not be sold by auction on objection of defendant no. 2 but in case any neighbour raises any objection against the disposal of the land under Rule 23 of the Rajasthan Municipalities (Disposal of Urban Land ) Rules, 1974 (for short "the Rules of 1974"), then the land be disposed of by public auction. The appeal against the judgment and decree of the trial court was dismissed by the appellate court vide judgment and decree dated 5-11-1080.

(3.) IN the first appellate court, in two appeals, preferred by the two defendants-Municipal Board,bikaner and defendant no. 2 Liyakat Ali, the first appellate court considered the matter in the light of rule 23 and reached to the conclusion that looking to the measurement of the plot, it cannot be said that the plot cannot be used independently. Since the plot can be used independently then the land is not available for sale by allotment under sub-rule (1) of Rule 23 of the Rules of 1974, may it be less than 100 sq. yards. IN view of the above, the appellate court was also of the view that the plot can be disposed of by auction.