Honble PARIHAR, J.–Since on same set of facts similar relief has been sought, both the writ petitions have been heard together and are being decided by this common order.

(2). The matter appears to have a checkered history. A plot measuring 4833.33 square yards was purchased by one Rai Bahadur Himmat Singh from the erstwhile State by registered sale deed executed on 4.8.1949. The plot was identified as plot No. C-4A in Scheme E of Banipark, Jaipur. In the sale deed apart from the measurement of the plot, all the four sides had also clearly been mentioned. On the eastern side there existed plot No. C-6, on the western side plot No. C-2, a road on the northern side and plot No. D-241 on the southern side. The above plot No. C-4A was later on sold by the said Rai Bahadur Himmat Singh to one Thakur Ummed Singh on 23.5.1950 by a registered sale deed. In the sale deed so executed in favour of Thakur Ummed Singh, the measurement and the identification of the plot were the same as mentioned in the original sale deed dated 4.8.1949. It has also come on record that the above plot had further been gifted by Thakur Ummed Singh to his daughter Smt. Gulab Kanwar, one of the petitioners, on 8.1.1959. The gift deed was however executed on 29.8.1963. Smt. Gulab Kanwar, the petitioner, has alleged that there was a built area, a bungalow and some out houses and a compound wall in the plot which was gifted by her father. It was only in the year 1969 that the petitioner Smt. Gulab Kanwar, with a view to develop the plot, took up the work of clearing sand dunes and trees and, at that point of time, it was discovered that the plot, as mentioned in the deeds, as referred to above was more than 10,000 square yards instead of 4833.33 square yards. The petitioner Smt. Gulab Kanwar made an application before the then Urban Improvement Trust, Jaipur on 17.12.1969 for allotting her the excess land after receiving necessary Nazarana. Though, no final decision was taken on the application so filed by the petitioner Smt. Gulab Kanwar, however, the authorities demolished some part of the out- houses, cow sheds, garage and compound wall on the alleged excess land on eastern side of the plot C-4A. Since the land belonged to the State, the same was also put to auction as per notice published in the news paper on 28.6.1974.

(3). At that point of time, the petitioner Smt. Gulab Kanwar sought intervention of this Court under writ jurisdiction. This Court, while allowing the Writ Petition No. 1696/1974, filed by petitioner Smt. Gulab Kanwar, vide order dated 26.11.1976, though, held that the petitioner Smt. Gulab Kanwar is legally entitled to hold the plot measuring 4833.33. sq. yards only, however, so far as alleged remaining excess portion is concerned, the authorities could take possession only in accordance with law. The above order dated 26.7.1974 passed by the learned Single Judge further came to be affirmed by the Division Bench vide order dated 15.5.1984 in a Special Appeal filed on behalf of the State of Rajasthan. The contention of the petitioner Smt. Gulab Kanwar that the plot was sold to the petitioners predecessor-in- interest by description of boundary of land then it must be held that all the land within the boundaries had been sold was again rejected by the Division Bench. The Division Bench, however, gave liberty to the State functionaries to take legal proceedings under the law for eviction of the petitioner respondent and her successors or for regularising the sale of the land at fair and reasonable current market price. Subsequently, after a decision been taken not to regularise the sale so made of the property in question, a notice for eviction was issued by the Jaipur Development Authority to the petitioner Smt. Gulab Kanwar on 10.3.1983. Subsequently, an application under Section 4 of the Rajasthan Public Premises (Eviction of Unauthorised Occupant) Act, 1964 was filed before the Estate Officer, Jaipur Development Authority, Jaipur. After issuing

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