CHAND MAL AND CO. Vs. MUNICIPAL BOARD, KISHANGARH

JUDGEMENT

(1.) Both these petitions have come up before this Court indicating a chequered long history of litigation commencing from 1964. According to the petitioner, he was allotted a land for industry by the Collector, Ajmer vide order dated 7.11.1963 of 2? bighas (2 bighas and 5 biswas or 4500 sq. yards) of Government agricultural land in khasra No.278 in Kishangarh. The allotment to this effect was made in his favour vide allotment order dated 7.12.1964 and a registered lease deed was also executed by the Collector, Ajmer on 14.12.1964. The mutation entries were also effected in favour of the petitioner. According to the petitioner after lapse of 12 years, suddenly by an order dated 1.11.1976, the Deputy Revenue Secretary cancelled the earlier allotment order dated 28.11.1964 by holding that in view of the wrong report by the Collector about the land in question the allotment of 4500 sq. yards in khasra No.278 was made to the petitioner and, therefore, the said allotment was liable to be cancelled. The case of the petitioner is that a registered lease deed of land in question could not have been cancelled by an administrative order or letter without following due process of law for cancellation of registered lease deed in his favour or at least without giving a prior show cause notice and opportunity of hearing to him before passing the said order by the Deputy Revenue Secretary on 1.11.1976. The said order has been challenged in the connected writ petition No.2211/2002 by the petitioner. The State has not filed any reply to the writ petition despite service nor any Government Advocate appeared when the said two connected cases were taken up for hearing. However, a reply by respondent No.3 Municipal Board, Kishangarh has been filed to the said writ petition and learned counsel for Municipal Board was heard in the matter.

(2.) That the matter not only travelled in civil courts and firstly a decree dated 12.11.1968 in Civil Suit No.2/67 was passed in favour of the petitioner but a second appeal against the execution of said decree at the instance of objector Municipal Board was dismissed by this Court on 23.7.1986 but in a writ petition namely D.B. Civil Misc. Writ Petition No.753/1966 which came to be allowed by the Division Bench of this Court way back on 11.11.1966, the orders dated 3.8.1966 and subsequent order dated 27.9.1966 restraining the petitioner from raising any construction over the disputed land was allowed by this Court. In Execution Case No.71/1974 by the learned Munsif and Judicial Magistrate, Ist Class, Ajmer vide his order dated 16.11.1974, the learned Magistrate rejected the objections of the Municipal Board, Kishangarh wherein the Municipal Board insisted for permission to be obtained by the decree holder for raising any construction over the land in dispute. The misc. appeal filed by the Municipal Board against the said order dated 16.11.1974 also came to be rejected by this Court on 3.4.1975 (Civil Misc. Appeal No.120/1974). Against the judgment of this Court dismissing S.B. Civil Execution Second Appeal No.17/1975 dated 23.7.1986 the matter was taken by the Municipal Board, Kishangarh to the Hon'ble Apex Court by way of Civil Appeal No.2133/1987 which was came to be disposed of by the Hon'ble Apex Court on February 11, 1999 wherein the Hon'ble Supreme Court directed as under:

(3.) Thus, the Executing Court was directed to consider the effect of order dated 1.11.1976 and the notification dated 22.1.1976. In pursuance of this direction of the Hon'ble Apex Court the Executing Court considered the Execution Application No.131/2000 and rejected the execution application vide its order dated 25.1.2001, against which the present revision petition No.274/2001 has been filed by the petitioner along with connected writ petition.