Honble PRASAD, J.–Petitioner in this writ petition has claimed that he is an owner of plot No. 42 situated in P.W.D. Colony, Jodhpur. This plot was purchased by petitioner alongwith one Shri Gopal Mal from Shri Parmanand. The sale-deed was executed on 18.1.1961. Originally the plot was in the joint name of Shri Gopal Mal and petitioner Sumer Mal. Thereafter the property was divided in two portions of 100 x 100 each and Shri Gopal Mal and petitioner were to have a plot of 100 x 100 each.

(2). Petitioner was desirous of raising construction on the plot and for that matter he applied to the Urban Improvement Trust, Jodhpur (referred to hereinafter as `the U.I.T.) for seeking permission. The U.I.T. felt that division of plot in between petitioner and Shri Gopal Mal is a sub-division and, therefore, sub-division charges and penalty was imposed on the petitioner. The same was deposited by petitioner. After the aforesaid deposit the matter was processed for granting permission for raising construction and the permission was granted to the petitioner vide Annex.2. This permission was granted subject to certain conditions. The construction started on 11.2.1994.

(3). Petitioner clams that he h

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