RAJASTHAN STATE INDUSTRIAL DEVELOPMENT AND INVESTMENT CORPORATION LTD. Vs. ADDITIONAL DISTRICT JUDGE NO. 6, JAIPUR CITY

JUDGEMENT

(1.) By way of this writ petition, petitioner has submitted that the State Government vide its order dt 7/10/1960 set apart a land measuring 151 bighas and 7 biswas under the provisions of Sec. 92 of the Rajasthan Land Revenue Act for industrial purpose. The same was transferred to the petitioner subsequently. The land was thereafter shown in the revenue records as in the name of the petitioner Rajasthan State Industrial Development and Investment Corporation Limited (for short, 'RIICO'). As the land having been transferred to the petitioner, it falls within the definition of public premises and therefore, the petitioner, on coming to know of the illegal possession and construction by the respondent No. 3 on the aforesaid land in Khasra No. 5/237 measuring 5078 sq. yds., gave a notice to remove the illegal construction and vacate the land.

(2.) The respondent No. 3 alongwith his father challenged the notice dt. 3/5/1983 by filing a Civil Suit No. 419/1983 which was dismissed by the learned Civil Judge on 8/5/1995.

(3.) The appeal was allowed by the learned lower appellate Court and the suit was decreed in favour of the respondent No. 3 and his fattier with observations that the plaintiff shall not be dispossessed from the land in dispute. The decision of the learned lower appellate Court was challenged by the petitioner by filing SB Civil Second Appeal No. 398/1995 which was dismissed on 20/9/1996.