U.I.T.Bikaner And Anr vs Suraj Ratan And Ors
2022 Latest Caselaw 2968 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 513/2011

1. Urban Improvement Trust, Bikaner, through Secretary, U.I.T., Bikaner.

2. Urban Improvement Trust, Bikaner.

----Appellants Versus

1. Shri Suraj Ratan through his legal representative.

1/1. Smt. Shanti Devi W/o Late Shri Suraj Ratan, by caste Somani, resident of Pungle Road, Bikaner.

2. State of Rajasthan through District Collector.

3. Nagar Parishad, Bikaner.

4. Commissioner, Nagar Parishad, Bikaner.

------ Respondents.

For Appellant(s) : Mr. Shailendra Gwala For Respondent(s) : Mr. D.D. Chitlangi.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

23/02/2022

1. The appellants have preferred this second appeal aggrieved

by judgment and order dated 02.02.2009, vide which the appeal

preferred by plaintiff/respondent No.1 was partly allowed and the

appellants herein have been restrained to act in accordance with

law, with relation to the rights of the plaintiff on the disputed

property.

2. Counsel for the appellants has contended that a drive for

removal of encroachment was initiated in 2005 and as the plot in

dispute was falling within the area marked for making of road, the

encroachment was to be removed, against which the plaintiff has

filed a suit. It is also contended that if in future, as per the master

(2 of 2) [CSA-513/2011]

plan the construction is to be removed, the appellants, before

proceeding, would give notice to the plaintiff in accordance with

law.

3. Counsel for the respondent is also agreeable to the fact that

the appellants should not act without due process of law, with

regard to the property in dispute.

4. In light of the aforesaid contentions of the parties, the

present second appeal stands disposed. The stay application also

stands disposed.

(MANOJ KUMAR GARG),J

189-NK/-

Powered by TCPDF (www.tcpdf.org)