Judgment

B. P. JEEVAN REDDY, J.:- This Civil Appeal is preferred by the State of Rajasthan against the judgment of the Division Bench of the Rajasthan High Court in Special Appeal No. 41 of 1978: (reported in 1980 WLN 295). The Special Appeal was directed against the judgment of the learned single Judge in Writ Petition No. 1739 of 1973. The Writ Petition was filed by the second respondent in this Civil Appeal, Mrs. Mani Devi Ojha. The State of Rajasthan was the first respondent in the said writ petition. For the sake of convenience, we shall refer to the parties with reference to their ranking in the writ petition.

2. The writ petitioner Mrs. Mani Devi Ojha filed the writ petition with the following averments:

She has purchased a plot of Land, No. A-9, admeasuring 1066.2/3 sq. yards situated on the south of Bhawani Singh Marg in Jaipur city, under a sale deed dated July 18, 1965 executed by Maharaja Mansingh of Jaipur for a consideration of Rupees sixteen thousand. She was placed in possession thereof on the same day. In September, 1966, she applied to the Secretary, Urban Improvement Trust and the Municipal Commissioner for permission to construct a boundry wall on all the four side