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1976 Supreme(Raj) 185

C.M.LODHA
Bhanwar Lal – Appellant
Versus
U. I. T. – Respondent


JUDGMENT

1. - By this petition under Article 226 of the Constitution of India the petitioner has prayed that the Urban Improvement Trust, Udaipur be directed to restore possession of the land in question, which had been allotted to him as far back as on 13-2-1962 and illegally taken possession of by it from him on 30th December, 1975.

2. A show cause notice was served on the Urban Improvement Trust, Udaipur, to contest, it the latter so desired, why the writ petition be not admitted.

3. The Urban Improvement Trust, Udaipur, bats filed a return to the show cause notice and I have heard the learned Counsel for both the parties at some length.

4. The main question urged by the learned Counsel for the petitioner is that the Urban Improvement Trust Udaipur (which will hereinafter be referred to as the U.I.T) had no authority or jurisdiction to forcibly take possession of the property in question from him. The question arises in the following circumstances.

5. The plot in question was allotted to the petitioner being the highest bidder by auction for a sum of Rs. 19,000/- on 12-2-1962. 25% of the bid amount of the plot, i.e., Rs. 4, 750/- was paid by the petitioner at once, but as regards th







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