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2019 Supreme(Raj) 807

S.RAVINDRA BHAT, SANJEEV PRAKASH SHARMA
Vivekanand Sharma – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellant : R.B. Mathur, Nikhil Simlote, Paker Farooq and Rishi Kumar Sharma
For the Respondents: Anil Mehta, AAG and Yashodar Pandey

JUDGMENT :

D.B. Civil Misc. Application Nos. 356/2019, 344/2019, 494/2019 & 495/2019:-

1. For the reasons mentioned in the applications, delay in filing the appeals is condoned.

2. Applications are allowed.

D.B. Civil Special Appeal Nos. 521/2019, 509/2019, 724/2019 and 725/2019:-

3. The appellants grievance is that the learned Single Judge erroneously upheld the order of cancellation of sale deed.

4. The facts- set out by the learned Single Judge in the impugned judgment are that the Dausa Gangapur Motor Stand Union, sought and was granted allotment of land for the purpose of constructing a motor stand. The Town Improvement Board, Dausa allotted a parcel of land on 28.06.1960 by an order. The sale deed was subsequently registered, by the Board, in favour of the individual members of the Dausa Gangapur Motor Stand Union, in their capacity as office bearers. Subsequently in 1966 some individuals claiming themselves to be members of the Union executed sale deeds which are in dispute.

5. The Municipal Board, Dausa filed an application under Section 80(2) of the Rajasthan Municipalities Act, 1959 for cancellation of the sale deed. In the meanwhile, apparently on 03.05.2000, on the application

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