DEVI LAL GURJAR Vs. STATE OF RAJASTHAN; COLLECTOR CUM CHAIRMAN, UIT, UDAIPUR (RAJ ); URBAN IMPROVEMENT TRUST; MUNICIPAL CORPORATION, UDAIPUR

JUDGEMENT

(1.) This writ petition has been filed by the petitioner while claiming the following reliefs:-

(2.) The case set up by the petitioner in this writ petition is to the effect that he is in possession of a piece of land situated in Indra Colony, Kachchi Basti, Gordhan Vilas, Udaipur. It is claimed that a patta in respect of the said land was issued by the concerned Gram Panchayat in the year 1975 and thereafter the petitioner constructed a house on the said land and also obtained electricity connection. It is claimed in the petition that the authority concerned, with intention to regularise the possession of the occupants in Indra Colony, Kachchi Basti, Gordhan Vilas, Udaipur has conducted a survey in which name of the petitioner has also been figured. It is contended that later on, the land of Khasara No.224 of Gordhan Vilas, where Kachchi Basti is situated, was recorded in the name of Urban Improvement Trust, Udaipur (hereinafter referred to as 'the UIT') and the UIT illegally demolished the house of the petitioner on 28.11.2015.

(3.) It is contended that the petitioner served a notice through his counsel to the UIT on 04.01.2016, however, the UIT did not reply to the said notice and now vide notice dated 16.08.2016 (Annexure-10) invited applications for e-auction for the land in question. It is averred that piece of land mentioned in item Nos.5 and 6 shown in e-auction notice (Annexure- 10) is the land belonging to the petitioner. It is averred in the petition that though the Municipal Corporation, Udaipur has regularised the possession of several similarly situated persons in the same locality but the possession of the petitioner has not been regularised and now the UIT is bent upon to auction the land in question in illegal manner.