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1993 Supreme(Raj) 495

G.S.SINGHVI
Kanhaiya Lal : Lokesh Kumar : Mohan Lal : Chhamma Bai : Kedar Lal – Appellant
Versus
Addl. Collector, Kota – Respondent


JUDGMENT

1. - Since all these Writ Petitions involve a challenge to the order dated 14.11.91 passed by the Additional Collector, Kota, which is more or less identical in all the cases and facts leading to the passing of the impugned order are also similar, these writ petitions are being disposed of by a common order.

2. For the purpose of appreciating the questions of law raised by the petitioners, it will be appropriate to refer to some facts.

3. In Writ Petition No.5291/91 Kanhaiya Lal v. The Additional Collector, Kota and others , it has been stated by the petitioner that he is an agriculturist by profession and he is in possession of land measuring 10x14 sq. feet in village Budhadit for more than ten years. Petitioner's father holds 50 bighas of land in village Budhadit. Petitioner has three real brothers and each brother has a share of 10 bighas of the said land. Father of the petitioner and his brothers are living separately and are cultivating the land of their shares separately. Petitioner has stated that he has raised a kachcha house on the piece of land measuring 10x14 sq.feet. On 31.7.90 he submitted an application to Gram Panchayat Budhadit for allotment of the aforesaid

































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