1. - Appellants filed the writ petition praying for a direction to the respondents, restraining them from changing the use of land reserved as 'open space marked by letters ABCD and EFGH in the plan and that the sale made by the Urban Improvement. Trust (In short, "UIT) in favour of State Bank of Bikaner & Jaipur (In short, the Bank') on 4.12.1989 be declared null and void.

2. The UIT, Bikaner is a body cooperate incorporated under the provisions of Rajasthan Urban Improvement Trust Act, 1959 (referred to as 'the Act). It is empowered to frame schemes for residential purposes. Schemes are sanctioned by the State Government. Thereafter it is implemented.

3. Framing of scheme is controlled by the provisions of Section 29 of the Act. The relevant portion runs as follows:

"29. Schemes; matters to be provided therein:--(1) The Trust shall, on the orders of the State Government or on its own initiative or on a representation made by the Municipal Board and subject to availability of financial resources, frame schemes for the improvement of the urban area for which the Trust is constituted.

(2) such schemes may provide for all or any of the following matters, namely:

(a)... ... ...

(b)