HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 11329/2018

Kamla Devi W/o Shri Prithvi Raj, Aged About 60 Years, By Caste

Jat, Chak 3 E Chhoti, 100 Ft Road, Sri Ganganagar, District Sri

Ganganagar (Raj.).

----Petitioner

Versus

1.

State Of Rajasthan, Through The Secretary, Department

Of Urban Development, Secretariat, Government Of

Rajasthan, Jaipur.

2.

The Urban Improvement Trust, Sri Ganganagar Through

Its Secretary.

3.

The Chief Town Planner, Bikaner Zone, Bikaner.

4.

Bhagwati Devi W/o Shri Jagdish Prasad,, 8-D Block, Sri

Ganganagar, District Sri Ganganagar.

----Respondents

For Petitioner(s)

:

Mr. J.S. Bhaleria

For Respondent(s)

:

Mr. Dron Kaushik

Mr. Chaitanya Gehlot

Mr. Rajesh Parihar

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

22/09/2021

This writ petition has been filed by the petitioner with the

following prayers:

“(i) That the impugned order dated 27.11.2017

annex p/11 passed by the respondent no.1 may

kindly be quashed and set aside.

(ii) That the decision taken by the UIT dated

20.02.2018 annex P/13 may kindly be declared

illegal and may kindly be quashed and set aside

with all consequential benefits.

(iii) That the letter annexes P/15 dated 13.06.2018

may kindly be quashed and set aside.

(iv) That the patta issued to the Petitioner i.e.

annex P/2 may kindly be ordered to be restored

and the respondents may kindly be directed not to

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interfere in the peaceful possession of the

Petitioner in the plot in question.”

Brief facts of the case are that petitioner purchased a plot

situated in Qila No.25 of Murabba No.39/41 of Chak 3E Chhoti, Sri

Ganganagar ad-measuring 30ft x 85ft. After purchasing of the

said plot, the petitioner submitted an application with Urban

Improvement Trust (referred to as, ‘UIT’) for issuance of patta so

that she can construct a house over the said plot. The UIT

considered the request of petitioner and issued an allotment letter

dated 10.11.2000 under Section 90B of the Land Revenue Act,

1956 and also issued lease-deed on 10.11.2000 and the same was

duly registered with the Sub-Registrar, Sri Ganganagar. After

issuance of the allotment letter as well as the lease-deed, the

petitioner constructed a house over the said plot and started

residing peacefully.

As per the plan approved on 12.09.1989 by UIT, in front of

the plot of the petitioner, 100ft wide road was shown therein,

which merged in the 60ft wide road on a “T” point. In the final

master plan of city of Sri Ganganagar for the year 2003-2023, the

100ft wide road has been shown as straight and not in the spiral

shape. The respondent No.4 submitted an application in the year

2015 seeking permission for construction of a house on the plot

measuring 75ft x 165ft situated other side of the road for which

the Land Conversion Officer, Sri Ganganagar issued patta in his

favor on 27.09.1989, however, the same was not registered. The

said application was considered by the UIT and the matter was

referred to State Government vide letter dated 28.10.2015 with

regard to application submitted by respondent No.4. The State

Government vide letter dated 27.11.2017 directed the UIT for

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correction in the alignment of road as per the previous master

plan dated 1981-2001. The UIT in its meeting of empowered

committee dated 20.02.2018 (Annex.R/6), in compliance of

directions issued by the State Government, took decision for

changing the alignment of 100ft road from straight to curve and

the patta issued in favor of the petitioner was also cancelled.

Thereafter, the respondent-UIT had issued a notice dated

13.06.2018 informing the petitioner with regard to cancellation of

the patta issued in her favor. Hence, this writ petition has been

filed by the petitioner.

Learned counsel for the petitioner has submitted that

respondent-UIT had issued lease-d