Fateh Singh vs Jaipur Nagar Nigam Through Mayor
2022 Latest Caselaw 6991 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Second Appeal No.188/2016

Fateh Singh
                                                                    ----Appellant
                                       Versus
Jaipur Nagar Nigam Through Mayor
                                                                  ----Respondent

For Appellant(s)           :     Mr. Usman Khan
                                 Mr. Zeeshan Khan
For Respondent(s)          :



             HON'BLE MR. JUSTICE SUDESH BANSAL

                                       Order

03/11/2022

1. Learned counsel for appellant-plaintiff submits that the

possession of plaintiff over the suit plot is an undisputed fact as in

the previous Civil Suit No.1053/1988, the judgment dated

06.01.1994 was passed in his favour and his possession was

protected by following the due course of law. Thereafter, the State

Government launched one scheme for regularization of the old

possession of kachi basti and under that circular dated

16.10.2000, the plaintiff is entitled for regularization of his plot.

Therefore, he instituted the civil suit for seeking regularization of

his possession. He submits that it is clear that his possession is

prior to 15.08.1998 hence his case is covered under the scheme of

16.10.2000.

2. Learned counsel for appellant submits that the trial court

decreed his suit bearing No.292/2006 vide judgment and decree

dated 26.11.2014 passed by the Court of Additional Civil Judge &

Metropolitan Magistrate No.4, Jaipur Metropolitan and asked to

(2 of 2) [CSA-188/2016]

regularize the possession but in the first appeal, filed by

respondent-Nagar Nigam, the decree has been reversed vide

impugned judgment dated 02.04.2016 passed in Civil Appeal

No.01/2015 by the Court of Additional District Judge No.10, Jaipur

Metropolitan.

3. Heard.

4. Issue notice to respondent.

5. This second appeal is admitted on following substantial

question of law:-

"Whether the first appellate court committed illegality in not considering the case of appellant for regularization under the Scheme of Government dated 29.10.1999 and 16.10.2000 and committed jurisdictional error in setting aside the judgment and decree dated 26.11.2014?

6. Learned counsel for appellant is fair enough in submitting

that after passing the impugned judgment dated 02.04.2016, his

shop over the suit plot has been demolished after issuing notice

on 12.04.2016.

7. In such circumstances, the stay application shall be

considered after service of respondent.

8. Record has already been received.

(SUDESH BANSAL),J

SAURABH/84

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