( 1 ) THE land in question (area 4500 sq. yards), in respect of which the respondent had obtained a decree for permanent injunction against the appellant, was sanctioned for allotment by the State Govt. on 28-11-1964 and in pursuance thereof the Collector, Ajmer, executed a ninety nine years lease in favour of respondent on 16-12-1964. The appellant, namely, Municipal Board, Kishangarh, claimed the land to have vested in it as it was not cultivated since 1944. The Board claimed to be in possession over the land over which a cattle fair was held every year for one week beginning from the day succeeding Deepawali. The respondent wanted to raise construction on that land, but the Collector restrained him from raising the constructions whereupon the respondent filed Writ Petition No. 763 of 1966 in the High Court which was allowed on 11-11-1966 and it was held that the Collector could not, by a mere executive order, restrain the respondent from raising constructions. The High Court, however, made it clear that it would be open to the Municipal Board to proceed according to law if the constructions were raised in contravention of the provisions of the Rajasthan Municipalities Act, 1959.