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2000 Supreme(Raj) 377

N.N.MATHUR, AMRESH KUMAR SINGH
Municipal Corporation Jodhpur * – Appellant
Versus
Banshi Lal – Respondent


Advocates Appeared:
Dinesh Maheshwari, for Appellants Anand Purohit, for Respondents

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

(2). This appeal is directed against the order dated 5.4.1999 passed by the learned Single Judge in S.B. Civil Writ Petition No. 3927/98. By the aforesaid order, the writ petition filed by the respondent No.1 Banshi Lal 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. It is not disputed that the respondent No.1 Banshi Lal, moved an application before the Municipal Corporation, Jodhpur for granting permission to raise construction on the plot of land, which had been purchased by him from Shri Man Mal Lodha by registered sale-deed. It is also not disputed that Shri Man Mal Lodha who was the former owner of the house, was a descendent of Smt. Jadav Kanwar in whose name a `Patta had been issued by the erstwhile




























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