2007 Supreme(Raj) 2316
PRAKASH TATIA
Bangor Charitable Trust, Didwana – Appellant
Versus
The State of Rajasthan – Respondent
Advocates:
For the Appellant:Mr. K.C. Samdaria, Advocate.
For the Respondent:Mr. M.R. Singhvi, Advocate.
JUDGMENT
1. - This second appeal is against the dismissal of the suit of the plaintiff by the trial court by judgment and decree dated 27.2.2002 and dismissal of the first appeal by the judgment and decree dated 2.5.2003.
2. Brief facts of the case are that the plaintiff Bangor Charitable Trust, Didwana through its representative, filed suit for declaration and injunction that the land of Khasra No.2163 measuring 87 bighas and khasara No.2165 measuring 106 bighas 18 biswas be declared pasture-land. The plaintiff further sought relief of injunction against the respondents that the land in question may not be put to any other use and may not be allotted to any body.
3. The defendants submitted written statement and stated that the land in question has already been allotted to the defendant-Rajasthan Industrial Investment Corporation Limited (for short the 'RIICO') by the order of the State Government on payment of market value of the land which the RIICO deposited with the State on 31.3.1997 vide Receipt No.51. The possession of the land has already been delivered to the defendant-respondent RIICO by the revenue authorities. It is also submitted that the land was never recorded in the
Click Here to Read the rest of this document