RAMESH CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant writ petition has been filed for quashing the orders dated 25.1.1988 (Annex. 4 and Annex. 5) passed by the Collector, Churu whereby the allotments made in favour of the petitioners were disapproved and the appeal against the order dated 27.5.87 filed by Durga Dutt under Sub -section (12) of Section 170 of the Rajasthan Municipalities Act, 1959 (hereinafter referred to as the Act of 1959) was allowed.

(2.) BRIEFLY stated the facts as averred in the writ petition are that the State Government in exercise of the powers conferred under the Rajasthan Land Revenue Act, placed Nazul lands lying within Churu City at the disposal of the Municipal Council, Churu vide Notifications dated 8.10.1959 and 8.3.1961. In pursuance of the aforesaid notifications after demarcating the Nazul lands situated towards the east of the Government Rest House and towards the south of Lohia College ground, the Municipal Council, Churu sold 24 plots for shops shown in the plan Ex. 1, by way of public auction. The public auction was conducted on 28.8.1969 in which the petitioners were the highest bidders of their respective plots. After auction the Municipal Council, Churu executed registered sale deeds in favour of the petitioners in respect of their respective plots. Thereafter the petitioners applied for permission for construction of shops before the Municipal Council which was granted to them vide order dated 27.5.1987 (Annex. 3).

(3.) AFTER service of notice a joint reply has been filed on behalf of answering respondents No. 5 to 10 denying the averments made in the writ petition. It is categorically stated in paragraph 3 of the reply that the disputed land is a part of public way situated near Government Rest House and towards the South of Lohia College Ground. The aforesaid Lohia College Ground is the public place where all big and general meetings are held including the election meetings and all big public functions. Out of total area of disputed land, 60 ft. of land is used for egress and ingress of the general public for all ceremonial purposes like Dashehara, 15th August, Republic Day functions and Goga fair. Besides the above, it is averred in the reply that this ground is used as a regular play ground and tournaments are also held. Therefore, every members of public passes and repasses over this whole 60 ft. width way and with the increasing population, sometimes congestion does take place on this road. It is also averred in the reply that a pucca stage has also been constructed by the PWD on this ground. It is averred in the reply that looking into these necessities the Municipal Council has no right to put this land for auction and thereafter to hold the auction without approval of the Collector as envisaged under Section 80 of the Act of 1959.