CHOGA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD Mr. M.S. Singhvi, learned Counsel for the appellant and Mr. Anil Bhandari, learned Counsel for Respondent No. 4. This appeal is directed against order dated 29th September, 1997, passed by the learned Single Judge of this Court in Writ Petition No. 2675/87, whereby and whereunder, allotment of Abadi land made in favour of the appellant was cancelled and directions were issued to the Authorities to remove the construction of shops on the land in question.

(2.) THE facts of the case fall in narrow compass. The appellant, who was respondent No. 3 in the writ application, made an application before the Gram Panchayat for allotment of Abadi land under the provisions of Rule 267 of the of the Rajasthan Panchayat (General) Rules, 1961 (hereinafter referred to as 'the Rules of 1961'). The Gram Panchayat, in the light of application filed by the appellant, allotted a piece of Abadi land measuring 233 Sq.Yds. in favour of the appellant free from charge. Abadi land, thus, was utilised by the appellant by constructing three shops.

(3.) THE writ application was disposed on contest and the allotment made in favour of the appellant was cancelled. Necessary directions were issued for removal the shops standing on the land in question.