[2025:RJ-JP:13112]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 555/1998

1. Kajod Mal S/o Shri Devi LaL resident of Adarsh Na-

gar-A, Sawai Madhopur

1/1. Buddhi Prakash Jain S/o Shri Kajore Mal Jain, aged about 53 years, resident of Adarsh Nagar-B Sawai Mad-

hopur ----Appellants Versus Nagar Parishad, Sawaimadhopur Through Chairman, Nagar Parishad, Sawaimadhopur ----Respondents Connected With S.B. Civil Second Appeal No. 557/1998 Bajarang Lal S/o Shri Ram Narain, aged about 66 years resident of Adarsh Nagar-A, Sawai Madhopur ----Appellants Versus Nagar Parishad, Sawai Madhopur Through Chairman, Nagar Parishad, Sawai Madhopur ----Respondents For Appellant(s) : Mr. R.P. Garg For Respondent(s) : Mr. B.K. Sharma HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

11/03/2025

1. S.B. Civil Second Appeal No. 555/1998 is filed against judgment dated 22.07.1998 in civil regular appeal No. 44/1996 passed by learned District Judge, Sawai Madhopur whereby on an appeal preferred by respondent-defendant judgment and decree dated 20.08.1996 in civil suit No. 43/1991 titled as ‘Kajod Mal Vs. Nagar Parishad Sawai Madhopur’ passed by learned Additional Civil Judge (Junior Division), Sawai Madhopur was set aside and suit of plaintiff-appellant was dismissed.

2. S.B. Civil Second Appeal No. 557/1998 is filed against judgment dated 22.07.1998 in civil regular appeal No. 39/1996 passed by learned District Judge, Sawai Madhopur whereby on an appeal preferred by respondent-defendant judgment and decree dated 01.08.1996 in civil suit No. 44/1991 titled as ‘Bajrang Lal Vs. Nagar Parishad Sawai Madhopur’ passed by learned Additional Civil Judge (Junior Division), Sawai Madhopur was set aside and suit of plaintiff-appellant was dismissed.

3. Since both the appeals are identical in nature raising common question of law, therefore, they were tagged together and decided with common order.

4. While considering S.B. Second Appeal No. 555/1998 on 07.12.1999 following substantial question of law was framed by this Court:-

(i) Whether, a piece of land allotted by the Gram Panchayat on 12.05.1965 which was within the competence and jurisdiction, can be said to be illegal if later on vide order dated 27.09.1965 the area in question became within the jurisdiction of Municipal Board?

(ii) Whether the finding of learned appellate Court in observing that there is possibility of allotting land on later date by Gram Panchayat is without material on record and such judgment and decree which is based on surmises and conjectures are liable to be quashed?

(iii) Whether, once the Gram Panchayat allotted the land in question to the appellant and permission for construction was granted according to the rules, the same is legal, even later on the area in question transferred to the Municipal Board?

5. While considering S.B. Civil Second Appeal No. 557/1998 following substantial question of law were framed on 03.01.2001.

(i) Whether a piece of land allotted by the Gram Panchayat on 12.05.1965 which was within, the comptence and jurisdiction, can be said to be illegal if later on vide order dated 27.09.1965, the area in question comes within the jurisdiction of Municipal Board?

(ii) Whether the finding of learned appellate Court in observing that there is possibility of allotting land on later date by Gram Panchayat is without material on record and such judgment and decree which is based on surmises and conjectures are liable to be set aside?

6. Learned counsel for appellant while relying upon grounds raised in appeal would submitted that land in question was within the jurisdiction of Village Panchayat, Sherpur before being merged in the area of Municipality latter in Nagar Parishad, Sawai Madhopur. He further submitted that the land was allotted by Village Panchayat by proposal dated 12.05.1965 and same is proved from oral evidence of plaintiff and Sarpanch by tendering original Patta in evidence. He also submitted that Village Panchayat was having full authorit