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2016 Supreme(Raj) 1494

SANGEET LODHA
Deendayal Lahoti S/o Shri Bhojraj – Appellant
Versus
State of Rajasthan through the Secretary, Department of Local Self – Respondent


Advocates Appeared:
For the Respondents:- Mr. P.R. Mehta

ORDER :

Sangeet Lodha, J.

This petition is directed against notice dated 7.10.11 issued by the Executive Officer, Municipal Board, Suratgarh, directing the petitioner to remove the encroachment made over the Government land measuring 6000 sq. ft.

2. The relevant facts are that one Shri Pyarelal was allotted a commercial plot measuring 140 x 120 sq. ft. being plot no.4 situated in Ward No. 6/5 New Mandi, Bikaner Road, Suratgarh, pursuant to open auction conducted by the Mandi Development Committee, Surtgarh. A lease deed was executed by the Mandi Development Committee in favour of Pyarelal on 19.3.90. Shri Pyarelal sold the plot in question in favour of the petitioner vide registered sale deed dated 26.3.91. According to the petitioner, at the time of construction of the boundary wall, it was revealed that as a matter of fact, the actual measurement of the plot at the site is 152 x 150 sq.ft. It is averred that other plots marked as reserved for 'Public and Semi Public Purpose' in the Scheme, 7 in number, were allotted to other persons, measured 100 x 150 sq. ft. each and thus, according to the petitioner, the building line from western to eastern side at the petitioner's plot measures








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