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1988 Supreme(Raj) 863

MAHENDRA BHUSHAN, FAROOQ HASAN
Kulsom Malick : Shanti Bishnoi – Appellant
Versus
District Judge, Jaipur City – Respondent


JUDGMENT

1. - These writ petitions Nos. 1709/87 and 2037/87 are directed against a common judgment and order dated 2nd July, 1987 made by the District & Sessions Judge, Jaipur City, Jaipur. in civil misc. appeals Nos. 403 (Shanti Vishnoi) and 404 (Smt. Kulsom Malick) of 1986, upholding the orders (Ann. 11) dated 29-7-1986 passed by the Estate Officer (Sr. Divisional Engineer-II. Western Railway), Jaipur (respondent No. 3) under Sections 5 & 5A of the Public Premises (Eviction of Un- authorised Occupants) Act, 1971, (for brevity. 'the Act'). Since common questions have been raised by the parties, these petitions are disposed of by this common order.

2. Undisputedly, both the petitioners have been in occupation of two different plots (viz. No. 81A - measuring 219.11 sq. yards - Shanti Vishnoi; & No. 73 - 219.11 sq. yards - Mrs. K. Mallick) in Suraj Nagar (Civil Lines), in the alleged Scheme of Gulab Bari Bhawan Nirman Sahkari Samiti Ltd. Jaipur vide allotment letters dated 26-6-1981 which were subsequently modified by letters dated 2-6-1986 allotting 302.22 sq. yds. of land to each of the petitioners. The said land is stated to have fallen in the erstwhile village Chak Sunder Ka Bas i


























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