MOHD YUNUS Vs. URBAN IMPROVEMENT TRUST

JUDGEMENT

(1.) PETITIONER , in this writ petition, claims that a piece of land was allotted by the respondent -Urban Improvement Trust, Jodhpur (hereinafter referred to as 'the respondent -Trust') in favour of Secretary, Motilal Nehru Boarding House, Jodhpur vide, Annex. 1. Vide Annex.2 the said Boarding House was permitted to be constructed. Certain constructions were made on the land allotted. Subsequent thereto, respondent No. 3 decided to give a portion of this land on rent. A piece of land measuring 30 ft. x 10 ft. was given on a monthly rent of Rs. 1400/ - to the petitioner.

(2.) PETITIONER , after obtaining possession, raised certain constructions to run a scrap shop. Subsequently, petitioner obtained licence for running the shop from the Shops and Commercial Establishments Department in the year 1991. The licence issued to petitioner has been produced as Annex. 3. Petitioner also obtained telephone connection. A photostat copy of telephone bill has also been submitted by petitioner as Annex.4. By the aforesaid, petitioner claims that he was put in lawful possession.

(3.) A notice was issued by the respondent -Trust to respondent No. 3, a copy of the notice has been produced as Annex. 5. The notice was replied vide Annex. 7. In the reply, respondent No. 3 submitted that they have constructed eight rooms. However, when certain persons tried to encroach upon a part of the land, the same was rented out to certain persons. After this, petitioner received a notice Issued by the Authorised Officer vide Annex.8 dt. 26.9.1997. This notice was issued under Section 92 -A of the Rajasthan Urban Improvement Trust Act, 1959 (hereinafter referred to as 'the Act of 1959'). A reply was submitted to the notice by petitioner and the same has been produced as Annex.9. Vide Annex. 10, Authorised Officer made an order against petitioner on 4.3.1998 whereby petitioner was asked to remove his possession over the land in question. Against the order Annex. 10 passed by the Authorised Officer, petitioner filed an appeal before the District Judge, Jodhpur, which was transferred to Addl. District Judge for disposal. The learned Addl. District Judge, Jodhpur vide its order dt. 7.9.1998 (Annex. 11) dismissed the appeals not maintainable.