1987 Supreme(Raj) 556
M.C.JAIN, KANTA BHATNAGAR
Baboo Lal Gehlot – Appellant
Versus
Urban Improvement Trust, Bikaner – Respondent
JUDGMENT
1. - This writ petition under Articles 226 & 227 of the Constitution of India has been filed by the petitioner for issuance of writ of prohibition for restraining respondent No. I the Urban Improvement Trust, Bikaner (for short the UIT here in after) from proceeding with the proposed auction in pursuance of Annexure 4.
2. The averments in the writ petition are that the petitioner has a shop in the India Market in front of the P.B.M. Hospital, Bikaner. That the scheme of that market was approved by the U.I.T. and put in execution. That, space for parking was earmarked for the utility of the shopkeepers and the visitors of the market and it was being soused for a longtime. That the U.I.T. thereafter proposed to auction that land earmarked for the parking and issued Notice Annexure-4. which has caused grievance to the petitioner and those for whose use the land was reserved.
3. The grievance of the petitioner is that once a scheme has been sanctioned under the Rajasthan Urban Improvement Act, 1959 (for short 'the Act' here in after) it cannot be altered without the previous sanction of the Government, the Map relating to the scheme, in which the land in dispute was earmarked fo
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