1992 Supreme(Raj) 770
G.S.SINGHVI
Phutkar Thadi Holders Union Branch Talvandi, Keshavpur, Mahavir Nagar, Rangwadi – Appellant
Versus
Ashok Kumar – Respondent
For the Petitioners:Mr. Alok Sharma, Advocate.
For the Non-Petitioner 1 to 23:Mr. S.C. Gupta and Mr. S. M. Jain, Advocates.
For the Non-Petitioner No. 25:Mr. V.L. Mathur, Advocate.
JUDGMENT
1. 1. This revision petition has been filed against the order dated 11.5.1992 passed by the Additional Civil Judge No. 3, Kota, whereby the learned Additional Civil Judge has set aside the order dated 2.4.1992 passed by the Munsif (South), Kota City and whereby he has cancelled the lottery drawn by the Urban Improvement Trust, Kota (hereinafter referred to as 'the UIT' ) for allotment of commercial plots to Thadi holders.
2. The plaintiff-non-petitioners No. 1 to 23 filed a suit for declaration and permanent injunction on 3.3.1992 against the State of Rajasthan and UIT, Kota alleging therein that they were doing their business on Thadi & Thela and this was the only source of their livelihood for all the members of Phutkar Thadi Holders Union, Kota and they were doing the said business, since 1980. According to the plaintiff-non-petitioners Nos. l to 23 a lottery was drawn by the UIT, Kota on 29.2.1992 and allotment of commercial plots has been made in favour of persons, who were not entitled and eligible to be considered for allotment of plots of land. A number of persons, who are doing service or are having independent business have been given such plots. The plaintiff-non
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