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2005 Supreme(Raj) 137

DALIP SINGH
Sappu Begum – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. J.P. Joshi & Mr. Anand Purhoit, for the Appellants. Mr. B.D. Purhoit, for Rajasthan Housing Board. Mr. Shyam Ladrecha, for the State.

Judgment

1. The present special appeal is filed against a decision of learned Single Judge of this Court. The learned Single Judge dismissed the writ petition holding inter alia that the writ petition in question was filed after considerable delay. The learned Single Judge noted that the earlier filed writ petition was withdrawn on 07.01.1999 and the second writ petition, which is in question. Was filed after 18 months of delay. The learned Single Judge noticed that the petitioner wants to usurp the land by hook and crook. For decision of this special appeal it would be necessary to look into facts of the case because the learned counsel urged that the learned Single Judge has not dealt on the facts of the case in detail and has on technical grounds dismissed the appeal. We are therefore, going in for examination of the facts in detail.

2. Near the city of Nagaur, a chunk of 150 Bhighas of land was allotted to Housing Board for developing housing cluster. The appellant petitioners claim Khatedari rights on 27 Bighas of land which is situated in proximity of the lands allotted to the Housing Board. Revenue Authorities felt that petitioners are trespassers and a notice under Sectio



















































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