SUMER MAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner in this writ petition has claimed that he is an owner of plot No. 42 situated in P.W.D. Colony, Jodhpur. This plot was purchased by petitioner along with one Shri Gopal Mal from Shri Parmanand. The sale deed was executed on 18-1-1961. Originally the plot was in the joint name of Shri Gopal Mal and petitioner Sumer Mal. Thereafter the property was divided in two portions of 100' x 100' each and Shri Gopal Mal and petitioner were to have a plot of 100' x 100' each.

(2.) Petitioner was desirous of raising construction on the plot and for that matter he applied to the Urban Improvement Trust, Jodhpur (referred to hereinafter as 'the U.I.T.') for seeking permission. The U.I.T. felt that division of plot in between petitioner and Shri Gopal Mal is a sub-division and, therefore, sub-division charges and penalty was imposed on the petitioner. The same was deposited by petitioner. After the aforesaid deposit the matter was processed for granting permission for raising construction and the permission was granted to the petitioner vide Annex. 2. This permission was granted subject to certain conditions. The construction started on 11-2-1994.

(3.) Petitioner claims that he had taken all possible care and precaution to abide by the conditions mentioned in the permission letter. While the construction was going on peacefully, petitioner received a communication dated 7-3-1994 sent by the U.I.T. By this communication, petitioner was informed that the permission granted to him vide letter dated 18-12-1993 Annex. 2 was stayed till further orders and petitioner was directed not to raise any construction over his plot. A copy of the communication dated 7-3-1994 has been produced as Annex. 3. Petitioner further states that Annex. 3 makes a reference of Government's letter dated 22-2-1994. A copy of the letter of the Government dated 22-2-1994 has been produced as Annex. 4.