JETHMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing orders dated 08.05.1995 (Annex.-8) and dated 10.07.1996 (Annex.-9) and, further prayed that the State Government may be restrained from deciding the matter in pursuance of order Annex.-9.

(2.) According to the facts narrated in the writ petition, plot No.86 situated , in Ward No. 12 was allotted to the petitioner by the Municipal Board, Nokha on 01.10.1975. After allotment, sale-deed was executed, however, sale of land made in favour of the petitioner was cancelled by the Addl. Collector, Bikaner vide order dated 31.10.1983. The respondent Board sent communication to the State. Government against order dated 31.10.1983 passed by the Addl. Collector, Bikaner; and, in turn, the State Government directed the Board to regularize the allotment. On the direction issued by the State Government to the Board for regularizing the land, the Board made regularization of allotment vide its order dated 05.08.1989 and, further, it was directed that the rate as approved by the Collector be charged and it may be recovered. In pursuance of the order passed by the State Government, the Collector, Bikaner determined the rate of the plots and allotment was made on that basis by the respondent Municipal Board and the petitioner was directed to deposit the amount as determined by the Collector, Bikaner. In pursuance of the notice dated 28.11.1990, the petitioner deposited the amount so demanded for regularization of the plot.

(3.) After depositing the amount allotment of plot made in favour of the petitioner stood regularized and, during that period, respondent No.5 wanted to grab the plot in question and got entered his name in the survey register prepared in 1981 and it was shown that land in question is in possession of respondent No.5 because he has made encroachment upon the municipal land. Respondent No.5 was already having a house in Ward No. 10 which is ancestral property and respondent No.5 is living in the said house.