Jagdish Chandra Dodeja vs The Municipal Corp., Udaipur
2022 Latest Caselaw 5506 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Writ Petition No. 5365/2022

1. Jagdish Chandra Dodeja S/o Tulasi Das Dodeja, Aged

About 60 Years, Shakti Nagar, District Udaipur, Rajasthan.

2. Hitesh Jambani S/o Kishan Jambani, Aged About 35

Years, D-13, Shiv Colony, Shakti Nagar, District Udaipur,

Rajasthan.

----Petitioners Versus

1. The Municipal Corp., Udaipur, Through Its Commissioner.

2. The Commissioner Cum Estate Officer, Municipal

Corporation, Udaipur.

----Respondents

For Petitioner(s) : Ms. Varsha Purohit

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

13/04/2022

Learned counsel for the petitioners has submitted

that Urban Improvement Trust, Udaipur (hereinafter to

be referred as 'the Trust') has allotted the plot in question

(2 of 3) [CW-5365/2022]

to one Jayanti Bhai Chouhan way back in the year 1988.

Jayanti Bhai Chouhan has deposited the due amount with

penalties and thereafter the Trust has executed lease-

deed in his favour on 26.04.2018. The petitioners have

purchased the said plot in question from the original

allottee Jayanti Bhai Chouhan vide registered sale-deed

dated 13.07.2018 and their name have also been entered

in the record of the Municipal Corporation, Udaipour on

09.05.2019.

It is submitted that the petitioners are in peaceful

possession of the property in question, however, suddenly

the Municipal Corporation, Udaipur has issued a letter

dated 09.02.2022 (Annexure-5) and declared that the

lease-deed executed in favour of the original allottee

Jayanti Bhai Chouhan and the mutation entry recorded in

favour of the petitioners on 09.05.2019 is cancelled. The

reason for cancellation of the same is given that the

original allottee has not deposited the remaining amount

of Rs.17,144/- with the Trust.

Learned counsel for the petitioners has submitted

that the original allottee has deposited the whole amount

along with the penalties and thereafter the Trust has

executed the lease-deed in his favour in the year 2018. It

is further submitted that before issuance of the

(3 of 3) [CW-5365/2022]

communication dated 09.02.2022 (Annexure-5), no

opportunity of hearing was granted to the petitioners.

Issue notice. Issue notice of the stay application

also.

In the meanwhile, status quo with respect to the

property in question shall be maintained by the parties

concerned.

(VIJAY BISHNOI),J

61-msrathore/-

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