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2009 Supreme(Raj) 66

GOPAL KRISHAN VYAS
Abhay Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
Anil Vyas, for Petitioner;
Alkesh Aggarwal, Dy. Govt. Counsel

Hon'ble VYAS, J.—Admittedly, the case of the petitioner is that he was given land in question on rent on 01.08.1987, upon which, shop was constructed by him being tenant upon the 15' land and he is doing business upon the said land.

2. The case of the petitioner is that an application was filed by him for purchase of that land and the Gram Panchayat proceeded to make the sale in his favour of the said land in accordance with the Rules of 1996; but, vide Annex.-6, restriction was imposed by the State Government when approval was sought for finalization of the sale of the land. According to Annex.-6 and Annex.-R/1, the Government gave clear direction that the Gram Panchayat cannot sell the land which is given on rent under Rule 156 for the area which is situated near Ramdeora temple which is important religious place of the State. The State Government has further imposed restriction not to sell any land without any plan by the Gram Panchayat.

3. Learned counsel for the petitioner submits that prior to restriction imposed by the Government, many persons who were admittedly tenants of the Gram Panchayat they were given land on rent; but, sale was executed in their favour, therefore, the















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