MAHENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has challenged the legality and pro-priety of the order Annr. 4 dated July 5, 1988, made by the Director, Local Bodies Government of Rajasthan, Jaipur. THE said order is available at pages 34 and 35 of the paper book of the writ petition and a perusal of which will show that an application under Sec. 300 of the Rajasthan Municipalities Act, 1959 (for short the Act) was filed before the Director, Local Bodies and the Director Local Bodies in exercise of the powers under Sec. 300 of the Act made an interim order ordering to maintain the status quo and further ordering that no permission to construct should be given on the land in dispute Before we deal with the aforesaid order Annr. 6, it will be useful to give relevant facts.

(2.) ONE Mangal Singh, father of the petitioner filed a civil suit in the court of Addl. Munsif Magistrate No. 1 Dholpur for declaration and perpetual injunction against the Municipal Board Dholpur in respect of the land in dispute. The necessity for filing the suit arose as the Municipal Board intend to auction the land in question and in that suit an application for temporary injunction was also filed which was allowed. The suit was contested on behalf of the Municipal Board Dholpur wherein issues were framed and ultimately for a period of 10 years the suit remained pending and it appears that the parties i. e. the father of the petitioner as well as the Municipal Board Dholpur arrived at a compromise and on the basis of compromise a decree was passed wherein it was declared that the land in dispute belongs to the father of the petitioner. The land was also marked by letters 'ka Kha Ga Gha 'and' 'a B C D. It appears' that no appeal against the said decree was preferred and the said decree became final.