Municipal Council Hanumangarh vs Virendra Singh And Ors. ...
2023 Latest Caselaw 10429 Raj

Rajasthan High Court - Jodhpur

Municipal Council Hanumangarh vs Virendra Singh And Ors. ... on 5 December, 2023

Author: Rekha Borana

Bench: Rekha Borana

[2023:RJ-JD:42130]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                     S.B. Civil First Appeal No. 430/2009

Municipal Council Hanumangarh
                                                                        ----Appellant
                                        Versus
Virendra Singh And Ors.
                                                                     ----Respondents
                                  Connected With
                     S.B. Civil First Appeal No. 484/2009
Sunil Kumar And Anr.
                                                                       ----Appellants
                                        Versus
Virendra Singh And Ors.
                                                                     ----Respondents


For Appellant(s)              :     Mr. S.P. Sharma
                                    Mr. Vipin Makkad
For Respondent(s)             :     Mr. Vishan Singhal assisted by
                                    Ms. Anamika Bhagmar
                                    Mr. Trilok Joshi



              HON'BLE MS. JUSTICE REKHA BORANA

Order

05/12/2023

1. The present two appeals arise out of the same judgment and

decree dated 08.07.2009 passed by the Additional District Judge

No.1, Hanumangarh in Civil Suit No.19/06 (CIS No.14/06).

2. The suit for declaration and permanent injunction was

preferred by the plaintiffs with the submission that the land

reserved for a playground/public park is being tried to be

converted by the defendant Municipal Council, Hanumangarh for

residential purposes and residential plots have been auctioned on

[2023:RJ-JD:42130] (2 of 3) [CFA-430/2009]

the said land de-hors the law. The suit as preferred by the

plaintiffs was decreed and the plots auctioned by the defendant

Municipal Council were declared to be illegal and further, the

Municipal Council was injuncted from developing any residential

colony on the land in question.

It is against the said judgment and decree that the present

two appeals have been preferred, first by the Municipal Council,

Hanumangarh and second by the persons who had been allotted

the plots on the land in question.

3. Learned counsel for the appellant Municipal Council as well

as the allottees submits that an amicable settlement has been

arrived into between the parties whereby the allottees of the land

in question have been allotted alternative plots on different sites

and on the land in question, a park has been developed.

4. Learned counsel for the plaintiffs respondents does not deny

the said fact and admits that a park has been developed on the

land in question. Therefore, learned counsel for the appellants in

both the appeals, seeks permission to withdraw the present

appeals.

5. However, learned counsel for the respondents defendants

Nos.5 to 8 submits that they are the persons who had applied for

allotment of plot on the land in question and had deposited 50%

of the demanded amount. Although no plot was allotted to them

but they have an equal right to be allotted an alternative land on

some other site.

6. In the specific opinion of this Court, there being neither any

appeal filed on behalf of the defendant Nos.5 to 8 nor any counter

[2023:RJ-JD:42130] (3 of 3) [CFA-430/2009]

claim by them in the suit, they cannot be held entitled to any

relief in the present appeal.

7. In view of the above submissions, the permission as prayed

for is granted. The appeals are permitted to be withdrawn and are

dismissed as such.

8. Needless to say that defendant respondent Nos.5 to 8 would

be at liberty to approach the Municipal Council, Hanumangarh for

redressal of their grievances, if any.

9. Stay petitions and all pending applications, if any, stand

disposed of.

(REKHA BORANA),J 235-236/KashishS/-

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