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2023 Supreme(Raj) 1170

NUPUR BHATI
Raj Kumar, S/o Late Bansi Lal Kothari – Appellant
Versus
State of Rajasthan through the District Collector, udaipur – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Ravi Bhansali, Sr. Advocate assisted by Mr. Kalpatru Tripathi
For the Respondent: Mr. Kapil Joshi

JUDGMENT :

1. Though the matter was listed in ‘Orders on Interim Application’ Category but on the joint request of both the counsel for the parties, the matter is heard finally today itself.

2. The present writ petition is preferred under Article 226 and 227 of the Constitution of India, claiming following reliefs:

    that this writ petition may kindly be allowed and by a writ, order or direction, the non-petitioners may kindly be directed to allot Abadi land to the petitioners in exchange of their land as agreed between the parties.

In the alternative, the non-petitioners may kindly be directed to make payment of cost of the land to the petitioners as per the present market rate of the land of the petitioners or the agreed Abadi land which was to be allotted to them.

Any other appropriate order or direction which is found just and proper may kindly be passed in favour of the petitioners.

3. Brief facts of the case are that the petitioners are the Khatedars of the land bearing Aaraji Nos. 1036 and 1037 situated in village Sanwad, tehsil Mawli, district Udaipur, which are in the names of the petitioners No.1 and 2.

4. On 30.3.2007, for extension of the building of Public Health Centre, Sanwa

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