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2014 Supreme(Raj) 537

M.N.BHANDARI
MM Enterprises – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
KK Mehrishi, Sr Adv with Sanjay Mehrishi and Tarun Jain, for Petitioner(s);
Dharmendra Pareek for Rajendra Prasad, Additional Advocate General, for State;
A.K. Sharma, Sr Adv with V.K. Sharma and Rakesh Kumar, for RIICO;
Anil Sharma and S.K. Tewari, for Respondents

Hon'ble BHANDARI, J.—All these writ petitions involve common question of law thus are decided by this judgment. For convenience, facts of CW 2295/2001 – M/s MM Enterprises versus State of Rajasthan & Ors. – have been taken.

2. The petitioners are aggrieved by the order dated 1.11.1997 at annexure-11 and 24.11.1997 at annexure-13 passed by the Tehsildar, Kishangarh so as the orders dated 19.12.2000 at annexure-18 and 19.4.2001 at annexure-19 passed by the Board of Revenue, Ajmer. The prayer is made to direct the respondents to drop the proceedings initiated under sections 90A and 91 of the Rajasthan Land Revenue Act, 1956 (for short 'the Act of 1956') and, accordingly, allow the petitioner to retain the land for its utilisation for industrial purposes as per section 95(A)(5) of the Rajasthan Urban Improvement Trust Act, 1959.

3. Learned counsel for petitioners submits that on 15.3.1996, Patwari of Village – Samwatsar, Tehsil – Kishangarh, District – Ajmer submitted report before Tehsildar that petitioner has unlawfully taken possession of the land of the temple comprised in khasra No.431 and installed cutting machine of marble and even constructed office building apart from godown.

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