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2001 Supreme(Raj) 1304

BHAGABATI PRASAD BANERJEE
PRAKASH MAL – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates Appeared:
DINESH MAHESHVARI, M.R.SINGHVI, R.K.SINGHAL, Rajesh Joshi

Judgment


BHAGAWATI PRASAD BANERJEE, J.

( 1 ) THE present writ petition has been filed by the petitioner in the background that there was an agriculture holding owned by one Jethu Singh s/o Tej Singh in Khasara No. 759 measuring 12, 14 bighas situated at Kheme Ka Kuan. Jethu Singh was holder of Khatedari rights of this land. The said Khatedar sold his rights in favour of respondent No. 3 by a registered sale deed. After sale, the aforesaid land came to be vested in respondent-Samiti. A mutation was entered in the name of Society through Mutation No. 554. In the revenue record, in place of Jethu Singh, respondent No. 3 Samiti was entered as Khatedar. Respondent No. 3 was constituted as Housing Cooperative Society having its Registered No. 1186/q.

( 2 ) THE respondent No. 3 Society made available plot No. 11 measuring 600 sq. yards (60 fts. x 90 fts) to one Khushal Singh, a Member of the Society vide Annexure 1. The land was not converted and was allotted as agricultural land only. According to the petititioner, it was mentioned in the allotment letter that conversion and development charges are to be borne by the Member itself. The said Khushal Singh made an application for conversio










































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