DANJI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner in this writ petition has raised a grievance regarding 500 sq. meters of land, which was allotted to him by a resolution of the Municipal Board, Mt. Abu dated 29-6-1964 for 7 years vide Annex. 1. After the land was allotted to petitioner vide Annex. 1 he was handed over the possession of the land on 1-4-1966. Petitioner after obtaining the possession of the land started running a Tea Stall on the said land.

(2.) A notice was issued by the Tahsildar, Abu Road to petitioner enquiring about the allotment of the land to petitioner. Copy of the notice has been submitted by the petitioner as Annex. 3. Petitioner appeared before the Tehsildar pursuant to the notice Annex. 3 and submitted about the allotment of land and the possession given to him. The Tehsildar (Revenue) Abu Road initiated proceedings against the petitioner. These proceedings concluded by the Tehsildar by observing that the land was given to the petitioner by the Municipal Board on lease of 7 years. The Tahsildar also held that the land belongs to the State Government though the same is situated within the municipal limits. The Tehsildar observed that the land can be allotted to the petitioner and it is not necessary to order the dispossession. The order of the Tehsildar has been produced on record as Annex.4.

(3.) The Chief Manager, Delwara Temple, Mt. Abu filed an appeal against the order Annex. 4. The Collector, Sirohi observed that the appeal is premature as there is only a recommendation for regularisation. So far no decision for allotment was taken, therefore, the appeal was held premature and dismissed, vide order dated 2-8-1976.