A.K. Shrivastava, J.

1. The Petitioner submitted an application before Collector and Nazul Officer, Khandwa on 8-3-1995 praying to allot the land of Nazul to the Petitioner admeasuring 10' x 45' total area 540 square feet which is adjoining to Plot No. 73 in the township of Khandwa. It has also been pleaded in the application that except Petitioner this land cannot be used by any other person for the simple reason that adjoining to this land Petitioner is having his four-storied building. In para-6 of the application it has been pleaded that since that portion of land is lying idle and is on the rear side of his building and is being used by the public at large as an open public urinal, therefore, if the said land is allotted to the Petitioner on Patta, it can be utilised for fruitful purpose. Hence, it has been prayed in the application that the premium as well as the rent be settled and the said land which is of Nazul, be allotted in favour of the Petitioner by granting a Patta to him. A map has also been attached along with the application.

2. The Nazul Officer called the recommendation of Town and Country Planning, Khandwa and also of the Municipal Corporation.

3. On bare per