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2012 Supreme(Raj) 392

ALOK SHARMA
Tulsi Nagar Vikas Samiti – Appellant
Versus
Bhuvneshwar Kumar Agarwal – Respondent


Advocates Appeared:
For the Petitioner:Prem Krishna Sharma, Advocate.
For the Respondents:R1 & R2, R.N. Vijay, Anuroop Singhi, Advocates.

Judgment :

Even though the matter comes upon an application, but with the consent of the counsel for the parties, the petition is heard finally.

This petition has been filed against the order dated 15.11.2010, passed by the Appellate Tribunal, Jaipur Development Authority, Jaipur in appeal No.16/10, whereby the petitioner's application for impleadment has been rejected.

The facts of the case are that the respondent Nos.1 & 2, Bhuvneshwar Kumar Agarwal and Gyaneshwar Kumar Agarwal respectively were allotted a plot No.A-35 in Tulsi Nagar Vikas Samiti, Jaipur by the Jaipur Development Authority (hereinafter 'JDA') under the Provisions of Section 54B of the Jaipur Development Authority Act, 1982 (hereinafter 'the Act of 1982) preceded by an order under Section 90B of the Rajasthan Land Revenue Act, 1956 and a lease-deed came to be registered on 20.12.2007 in the office of Sub-Registrar, Jaipur in respect of the said plot.

The petitioner-Samiti appears to have filed a complaint before the JDA with regard to the issue of lease deed dated 20.12.2007 to the respondent Nos.1 & 2 in respect of plot No.A-35 inter alia on the ground that the aforesaid plot constitutes a part of drain and that i













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