Back
PUSHPENDRA SINGH BHATI
Guman Singh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
1. The matter pertains to the year 1999, thus, was listed under the category “Oldest Cases for Early Disposal”.
2. This writ petition under Articles 226 & 227 of the Constitution of India has been preferred claiming the following reliefs:
1. impugned order dated 29.5.1998 may be quashed and set aside,
2. respondent no.2 may be restrained from proceeding to auction the land in question and the petitioner may be allowed to continue with the possession.
3. During the pendency of the writ petition if any action pursuant to order dated 29.5.98 may be stayed.
4. Any other relief which this Hon’ble court deems fir may be granted in favour of petitioner.
4. Writ petition may be allowed with costs.”
3. Brief facts of the case, as placed before this Court, by learned counsel for the petitioner, are that the petitioner was having a land situated in Village Khudala in the District of Pali. The petitioner applied for regularization of his possession over the land in question before the respondent no.2-Municipal Board, whereupon, the respondent no.2-Municipal Board drew a note-sh
The court emphasized the importance of following proper procedure and eligibility criteria in the regularization process under the Rajasthan Municipalities Act, 1959.
Transfer of immovable property by way of sale can only be by a deed of conveyance (sale deed).
The main legal point established is that the Competent Authorities' orders for regularization must be complied with, and if the land cannot be regularized, a detailed reasoned order must be provided.....
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 main legal point established is that the absence of permission and validation under the A.P. (T.A.) Tenancy and Agriculture Land Act 1950 renders a sale transaction void and unlawful.
A void transaction cannot be regularized and a void document cannot be validated.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
