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1999 Supreme(Raj) 104

BHAGABATI PRASAD BANERJEE
Pushpa – Appellant
Versus
Municipal Council, Jodhpur – Respondent


Advocates Appeared:
Govind Mathur and Sanjay Mathur, for the Appellant
N.M. Lodha and M.R. Singhvi, for the Respondents

Judgment

Bhagwati Prasad, J.-The petitioner in the present writ petition claims that she has a house near Adharsheela Inside Nagori Gate, Jodhpur and in the rear side of this house, there is a plot which is in her possession since last 18 years. The State Government issued a notification dated 5/9-5-1977 being No. F.7 (187) LSG/58/1 152/1632. In pursuance of this notification unauthorised possessions, on certain conditions, as laid down in the aforesaid notification, were to be regularised. To get the benefit of the notification aforesaid, the petitioner applied to the respondent Municipal Council, Jodhpur for regularisation of the possession over the said plot, it was ordered by the Council that the plot in possession of the petitioner be leased out to her on payment of Rs. 6/-per Sq. Yds. The petitioner deposited the amount in relation to the plot and a lease deed was executed by the Municipal Council, Jodhpur in favour of the petitioner dated 26-3-1982 which was registered on 16-10-1982.

2. An application was moved against the said grant of lease in favour of the petitioner by the respondents Nos. 3 and 4 before the Additional Collector, Jodhpur under Section 285 of the Rajastha







































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