RUSTAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT writ petition has been filed by the petitioner for issuing direction to respondents No. 2 and 3 to execute a registered lease -deed in his favour in pursuance of allotment order dated 18.8.89 Annx.2 to the writ petition. After filing of reply, the writ petition was amended and a further relief was added in the writ petition to quash the order dated 21.4.90 Annx.R/5 to the reply passed by the Director, Local -self Bodies, Rajasthan, Jaipur.

(2.) BRIEF facts for disposal of the instant writ petition are that the petitioner applied for allotment of strip of land which is just adjacent to his residential house. It is further stated that in pursuance of the application of the petitioner, a general notice was issued by respondent No.3, whereby, objections were invited, a copy whereof is filed and marked as Annx. 1. It is also stated that no objection was received within the time stipulated in the notice Annx.1 to the writ petition, therefore, after completion of all necessary formalities, the strip of land was allotted to the petitioner vide order dated 18.8.89 with a direction to him to deposit cost of the said land amounting to Rs. 4360/ - within three days, a copy whereof is filed and marked as Annx.2 to the writ petition.

(3.) IN view of the admission made in paragraphs 2 and 4 of the reply, it goes without saying that the land in dispute falls within the definition of 'Strip of land' as envisaged under Rule 23 of the Rajasthan Municipalities (Disposal of Urban Land) Rules, 1974 (for short 'the Rules of 1974'), therefore, no error was committed in allotting the land in question in favour of the petitioner.