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1977 Supreme(Raj) 97

M.L.JOSHI
OM PRAKASH – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates Appeared:
M.Mridul, R.N.Munshi

Judgment


M. L. JOSHI, J.

( 1 ) THIS is a petition under Art. 226 of the Constitution of India seeking to quash the notifications dated 5th November, 1976 (Annexure 4), dated 16th February, 1977 (Annexure 5), and notice dated 25th March, 1977, (Annexure 6) and further for restoration o the possession of the disputed land, if the petitioners are dispossessed during the pendency of the writ petition.

( 2 ) A joint writ petition was filed, by Om Prakash, Rajendra Kumar, Suresh kumar, Smt Sushila, Smt. Pushpa Devi and Suchitra Devi in respect of Khasras nos. 419, 420, 421, 422 and 423 (old) corresponding to new Khasras Nos. 516, 517, 518, 519 and 520 respectively, admeasuring 3 Bighas 4 Biswas, 5 Biswas, 1 Bigha 7 Biswas, 5 Brwas, and 2 Bighas 8 Biswas respectively. This writ petition when came up for hearing an objection was taken on behalf of the non-petitioners that the joint writ petition was not competent as the petitioners have no common and joint interest in all the Khasras mentioned above. Learned counsel for the petitioners, thereupon, accepting the objection prayed to permit him to confine the writ petition to Khasras 516/419, 517/420 on behalf of all the petitioners exceptin













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