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2005 Supreme(Raj) 3212

SHIV KUMAR SHARMA, K.S.RATHORE
Komal Chand Patni – Appellant
Versus
State of Rajasthan – Respondent


In SBCWP No. 7294/03
For the Petitioner:Mr. A. K. Sharma, Mr. Krishan Verma, Advocate.
For the Petitioner: Mr. Bharat Vyas, AAG,
For the Respondent:Mr. B.L. Sharma, Sr. Advocate with Mr. Saket Pareek, Mr. C.S. Sharma, Advocates.
In SBCWP No. 6343/03
For the Petitioner:Mr. Ravi Chirania, Advocate.
For the Petitioner: Mr. Bharat Vyas, AAG;
For the Respondent:Mr. B. L. Sharma, Sr. Advocate with Mr. Saket Pareek, Mr. C.S. Sharma, Advocates.
In SBCWP No. 6040/03
For the Petitioner:Mr. Paras Khuad, Mr. Pancham Surana, Advocate.
For the Petitioner: Mr. Bharat Vyas, AAG;
For the Respondent:Mr. B. L. Sharma, Sr. Advocate with Mr. Saket Pareek, Mr. C.S. Sharma, Advocates.

JUDGMENT

1. Since all these three writ petitions involve similar questions of law and facts the same are being decided by this common judgment. Out of these three writ petitions, two writ petitions are filed as P.I.L. one by Komal Chand Patni and another by Dr. Arun Chaturvedi and the third writ petition filed by Jai Jawan Griha Nirman Sahakari Samiti challenging the validity of Section 90-A and 90-B of the Rajasthan Land Revenue Act, 1956.

2. Petitioner Komal Chand Patni in his writ petition mainly prayed that the order dated 15.1.2002 issued by the Department of Urban Housing Development Department directing the Housing Co-operative Societies to surrender 200 ft. wide strip of land for institutional purpose may be quashed and set aside and the order dated 9.9.2003 issued by the Jaipur Development Authority be directed as mala fide, arbitrary and illegal.

3. Learned counsel Mr. K. K. Sharma of the petitioner Komal Chand Patni submitted that Jawahar Lal Nehru Marg from Ram Niwas Bagh to Jawahar Circle is a prominent road of Jaipur and on both sides thereof prime lands and properties situated.

4. It was further submitted that there are lands comprised in village Ramjipura developed by











































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