Rakesh Jain vs State Of Rajasthan
2022 Latest Caselaw 7681 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6497/2022

Rakesh Jain S/o Mahaveer Jain, Aged About 40 Years, 868, Pooja Nagar, Hiran Magri Sector - 4, Vtc Manwa Khera (Rural), Sub District Girwa, Udaipur, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Urban Development And Housing Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, Local Bodies, Government Of Rajasthan, Directorate, Jaipur.

3. The Municipal Corporation Udaipur, Through The Commissioner.

4. Puran Mal S/o Shri Keshu Lal, R/o 236-237, B-Block, Hiran Magri Sector - 14, Udaipur, Rajasthan

----Respondents

For Petitioner(s) : Mr. Nikhil Jain

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

23/05/2022

Application (Inward No.1) preferred on behalf of the

petitioner for impleading the original allotee viz. Puran Mal as

party respondent in this writ petition is considered and allowed.

The original allotee Puran Mal S/o Shri Keshu Lal is

impleaded as party respondent No.4 in this petition. Amended

cause title already filed be taken on record as well as online record

be also corrected.

Learned counsel for the petitioner has submitted that the

respondent No.3 Municipal Corporation, Udaipur has grossly erred

in passing the order dated 14.04.2022 (Annexure-7) whereby, the

(2 of 2) [CW-6497/2022]

sale deed of the original allotee i.e. respondent No.4 Puran Mal

and the mutation sanctioned in the name of the petitioner has

been cancelled. Learned counsel for the petitioner has further

submitted that the reason for cancellation of the said sale-deed of

respondent No.4 is mentioned that he had not deposited the cost

of site plan along with application for allotment of plot. Learned

counsel for the petitioner has argued that from the certificate

issued by the Urban Improvement Trust, Udaipur dated

20.08.1968 (Annexure-1), it is clear that the said cost was

deposited by the original allotee.

Issue notice. Issue notice of stay petition also, returnable

within a period of six weeks.

In the meanwhile and till the next date of hearing, the effect

and operation of the order dated 14.04.2022 (Annexure-7) passed

by the respondent No.2 shall remain stayed.

(VIJAY BISHNOI),J

39-AjaySingh/-

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