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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
KULDEEP MATHUR
Fateh Mohammad S/o Noor Mohammed – Appellant
Versus
State Of Rajasthan – Respondent
| Table of Content |
|---|
| 1. petitioners seek quashing of municipal orders (Para 2 , 3) |
| 2. petitioner has ancestral land with municipal approval (Para 4 , 5 , 6) |
| 3. show cause notices issued for lease review (Para 7 , 8 , 9 , 10 , 11) |
| 4. committee finds evidence of misrepresentation (Para 12 , 13 , 14) |
| 5. petitioners argue validity of lease and permissions (Para 15 , 16 , 18) |
| 6. respondents allege misrepresentation by petitioner (Para 21 , 22 , 23 , 24) |
| 7. section 73-b empowers cancellation of leases (Para 25 , 26 , 27) |
| 8. court examines fairness in lease cancellation (Para 28 , 29 , 30) |
| 9. court rules on lease validity and construction legality (Para 31 , 32 , 33 , 34 , 36) |
| 10. court's order combines partial relief for petitioner (Para 37 , 38 , 39) |
ORDER :
KULDEEP MATHUR, J.
By way of filing these instant writ petitions under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs:-
In S.B. Civil Writ Petition No. 15629/2025-
“It is therefore most humbly prayed that this writ petition may kindly be allowed:-
a) By an appropriate writ, order and direction be issued and the orders dated 18.07.2025 & 21.07.2025 (Annexure-28) & 30.07.2025 (Annexure-29) passed by the Ex
Long-standing possession of property cannot be disregarded for cancellation of lease; revocation requires solid evidence of misrepresentation.
The Municipality has the authority to cancel a registered patta if fraud is demonstrated, despite its registration, under Section 73-B of the Rajasthan Municipalities Act, 2009.
The Municipal Board retains authority under Section 73-B of the Rajasthan Municipalities Act, 2009, to cancel registered pattas issued through fraud despite previous registrations.
The main legal point established in the judgment is that the cancellation of government lease, governed by statutory regulations, can be justified if the allotment was obtained by misrepresentation o....
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