CHAUTHMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution challenging the validity of an order of the State Government under Section 285 of the Rajasthan Municipalities Act 1959 setting aside the sale of a plot of Nazul land situated within the Municipality of Merta to the petitioner.

(2.) 'nazul land' as defined under Section 3 (1) (b) of the Rajasthan Land Revenue act 1956 means abadi land within the limits of the municipality or a panchayat circle or a village, town or city, vesting in the State Government. Such land is sold in accordance with the provisions of the Rajasthan Land Revenue Act 1958 or the rules made thereunder. Section 97 provides that in all cases where there are more than one applicant for the same piece of land it shall be sold to the highest bidder at a public auction. This is subject to the following provisions :

(3.) THE plan at page 81 shows the location of the plot in dispute. It abuts the Nohra of Smt. Kanwari Bal, respondent No. 4, towards the front side. Its dimensions are as follows :--Length 131/2 x 14' width 81/2' x 10' smt. Kanwari Bai filed an application (annexure 1 at page 14) on 22-9-60 to the municipal Board Merta praying that the above plot of land which adjoins her Kota may be sold to her on taking its price at the due rate. On this application a proclamation was published under the orders of the Secretary inviting objections to the sale of the plot to Smt. Kanwari Bai within one month. No one filed any objection. The papers were however not put up by the Secretary either before the board or before the Chairman for orders on the application of Smt. Kanwari Bai. On the contrary he ordered the sale of the plot by auction on 1-12-60 to 3-12-60 under his supervision without obtaining the orders of Board or the Chairman (annexure 4 page 19 ). The sale proclamation was however signed by the chairman (annexure 5, page 20 ). Chauthinal petitioner and one Ram Kumar were the only bidders for the plot and the highest bid of Rs. 801 was offered by chauthmal. The Secretary recommended that this bid may be accepted and the chairman accepted the bid and executed a sale-deed on 11-2-61. On 14-2-61 before the sale deed was registered Chauthmal applied for permission to fix stone slabs to enclose the land which had been sold to him and this permission was granted. When Smt. Kanwari Bai learnt about the sale she filed an application to the Collector on 14-2-61 purporting to be under Section 283 of the Rajasthan municipalities Act 1959 praying that the sale in favour of Chauthmal may be set aside and the plot may be allotted to her under Section 97 of the Land Revenue act on payment of the due price. The Collector issued notices to the Chairman, and the Secretary of the Municipal Board and to Chauthmal and after hearing the parties made a recommendation to the State Government that the sale in favour of Chauthmal may be set aside and the plot may be sold to Smt. Kanwari Bai in accordance with Government Notification No. F. 7 (187) LSG/58 dated March 8, 1961, which was also issued in exercise of the powers under Section 102-A of the rajasthan Land Revenue Act and which came into force on March 14, 1961.