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2000 Supreme(Raj) 379

N.N.MATHUR, AMRESH KUMAR SINGH
Municipal Corporation, Jodhpur – Appellant
Versus
Rajendra Bhandari – Respondent


Advocates Appeared:
Dinesh Maheshwari, for Appellants M.R. Singhvi, for Respondents

Honble SINGH, J.–Heard the learned counsel for the appellants and the respondents.

(2). This appeal is directed against the order dated 4.3.1999 passed by the learned Single Judge in S.B. Civil Writ Petition No. 2918/97. By the aforesaid order, the writ petition filed by the respondent No.1 Rajendra Kumar was allowed and the appellants as well as respondent No.2 were directed not to insist for payment of conversion charges under Section 173-A of the Rajasthan Municipalities Act.

(3). The only question which arises for decision is whether the State Government, can demand any conversion charges under Section 173-A of the Rajasthan Municipalities Act in respect of a land, which was neither allotted nor sold by the Municipality or the State Government. The respondent No.1 (petitioner), owned shops which are construced on land measuring 3199 sq. ft. in area. He submitted an application before the Municipal Corporation, Jodhpur and the permission was granted to him by the Commissioner vide letter dated 10.10.1979 (Annexure 1). Thereafter the petitioner moved another application seeking permission to raise construction and permission was granted to him vide order dated 5.1.1988 (Annexure 2)
































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