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2023 Supreme(Raj) 634

PUSHPENDRA SINGH BHATI
Sheela Kothari W/o Dhanraj Kothari – Appellant
Versus
Secretary, Urban Improvement Trust – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr Sandeep Saruparia with Mr. Nikhil Ajmera
For the Respondent: Mr. Muktesh Maheshwari with Mr. Aidan Choudhary, Mr. Vijay Purohit

JUDGMENT :

1. This writ petition under Articles 226 & 227 of the Constitution of India has been preferred claiming the following reliefs:

    “1. That the impugned Order dated 10.01.2023 (Annexure 6) be set aside and quashed and the matter be remanded back to Board of Revenue for fresh adjudication.

2. Any other appropriate writ, direction or order which this Hon’ble Court may deem it just and proper in the facts and circumstances of the case, may kindly be issued.

3. That the Cost may kindly be awarded in favour of the Petitioner.”

2. As the pleaded facts would reveal, the petitioner is a joint tenant holder of the agricultural land comprising Araji No. 646 admeasuring 0.4450 hectare, Araji no. 647 admeasuring 0.0100 hectare and Araji no. 648 admeasuring 0.1850 hectare, total area 0.6400 hectares situated in Sector 14, Udaipur (hereinafter referred to as ‘disputed land’). The disputed land comprises share of 1/2 (one-half) of land between petitioner and respondents no. 2 & 3, and the other half is shared between respondents no. 4 to 6. The respondents no.2 & 3 and the petitioner entered into an agreement and executed a document, whereby the said land was divided into 27 plots and partitio

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