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1994 Supreme(Raj) 789

V.S.KOKJE, P.K.PALLI
Loonkaran – Appellant
Versus
Municipal Board, Jaisalmer – Respondent


JUDGMENT

1. - This is an appeal against dismissal of writ petition by the learned single Judge.

2. The appellant had challenged before the learned single Judge, the Order dated August 29,1992 passed by the Director, Local Bodies, Jaipur to set aside the Order dated December 14, 1990, passed by the Municipal Board, Jaisalmer allotting a strip of land to the appellant.

3. The appellants case before the learned single Judge was that he had purchased a plot of land admeasuring 70 x 33 from one Prabhu Dayal on April 9, 1990. On July 19, 1990, he applied for 100 square feet of land situated adjacent to his plot. On December 14,1990, the land was allotted to the appellant. Respondent No.4 Brij Mohan Bhatia challenged this allotment by filing revision application under Section 300 of the Rajasthan Municipalities Act before the Director, Local Bodies, Jaipur. This revision application was allowed on August 29,1982.

4. The learned single Judge dismissed the writ petition holding that when the strip of land lies in front of the two houses and adjacent to the land of two persons, then before making the allotment, notice should have been given to the owners of the adjacent houses also giving them












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