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1997 Supreme(Raj) 813

P.C.JAIN
PADMAKAR VYAS – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates Appeared:
N.S.ACHARYA, S.S.BHADAVAT

Judgment


P. C. JAIN, J.

( 1 ) THIS writ petition is directed against the order dated 28-9-1991 (Annx. 4) of the Authorised Officer, Bikaner and the order dated 10-1-1994 (Annex. 5) passed by the Divisional Commissioner, Bikaner by which it was held that urban land measuring 497. 61 sq. m. in respect of Govindnarain and Padmakar was acquirable. Urban Land (Ceiling and Regularisation) Act, 1976 (hereinafter referred to as the Act ).

( 2 ) THE brief facts material for the decision of this petition may be stated as follows. Petitioner No. 1s father late Shri Govindharain Vyas and petitioner Padmakar Vyas were the cosharers in the ancestral property described in para 2 of the petition on the date of the coming into force of the Act. Petitioner No. 1 and Shri Govindnarain had, therefore, equal shares in the aforesaid properties. It may be stated that this fact was not disputed in the impugned orders. Both the above petitioners filed separate statements as required by Section 16 (1) of the Act. Copies of the above statements have been annexed with the petition and are marked Annex-1 and Annex-2. Notice under Section 8 (3) of the Act was issued by the Authorised Officer to petitioner No. 1














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