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2000 Supreme(Raj) 376

N.N.MATHUR, AMRESH KUMAR SINGH
Municipal Corporation Jodhpur – Appellant
Versus
Raj Kumar – Respondent


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

Honble SINGH, J.–Heard the learned counsels for the appellant and the respondents.

(2). This appeal is directed against the order dated 5.3.1999 passed by the learned Single Judge in S.B. Civil Writ Petition No. 2715/97. By the aforesaid order, the writ petition filed by the respondent No.1 Raj Kumar Bhandari 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 petitioner submitted an application before the Municipal Corporation, Jodhpur seeking permission to construct shops on land measuring 3235 sq. ft. He submitted a blue print of the proposed construction along with his application. The petitioner was granted permission vide order dated 5.1.1998. An appeal was filed before the Collector, Jodhpur by some persons against the order dated 5.1.1988. In appeal, the order dated 5.1.1988 was































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