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NUPUR BHATI
Heera Devi Tiwari – Appellant
Versus
Municipal Board, Nokha – Respondent
ORDER :
1. The present writ petition has been filed under Articles 226 and 227 of the Constitution of India with the following prayers:
(b) by an appropriate writ, order or direction impugned action on the part of the respondent authorities in rejecting the case of the petitioner for regularization of land in dispute may kindly be held illegal and accordingly, impugned order dated 15.06.2016 (Annex.19) passed by the respondent No. 3-Director, Local Self Department, Rajasthan, Jaipur as well as decision dated 13.11.2014 (Annx.13) taken upon Agenda No. 2 in the meeting of Executive Committee of the respondent-Municipal Board may kindly be quashed and set aside.
(c) by an appropriate writ, order or direction, the respondent-Municipal Board, Nokha may kindly be directed to restore the possession of the petitioner and thereafter, regularize the land in dispute in the name of the petitioner in light of the consent given by them in their written submission (Ann.11) filed before the respondent No. 3 forthwith.”
2. The brief facts of the case are that one Shri Srilal Tiwari was allott
Transfer of immovable property by way of sale can only be by a deed of conveyance (sale deed).
The court upheld the validity of the impugned order under the Tamil Nadu Urban Local Bodies Act, confirming that it was neither arbitrary nor perverse, and emphasized adherence to statutory procedure....
Regularization of unauthorized plots should not be denied when no ownership dispute affects the property; reliance on unrelated ongoing litigation is improper under applicable rules.
The court emphasized the importance of following proper procedure and eligibility criteria in the regularization process under the Rajasthan Municipalities Act, 1959.
The court ruled that an unregistered lease does not confer rights, and amendments changing the nature of a petition are impermissible if no enforceable rights exist.
The main legal point established in the judgment is the obligation of the authorities to consider a petitioner's claim for regularization and the readiness of the petitioner to pay the premium.
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