Advocates:
['MANOJ BHANDARI', 'DR PRATISTHA DAVE', '', 'PUROHIT', 'DHANESH KUMAR SARASWAT', 'SHUBHAM MODI', 'VIPUL', 'RAJESH PARIHAR']

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 14715/2017

Dilip Kumar Son Of Shri Bheemraj, By Caste Jain, Resident

Of Sanchore, District- Jalore. Director Bhujikative Infra.

Project, Private Limited, Mumbai.

----Petitioner

Versus

1.

The State Of Rajasthan Through Its Secretary, Local

Self Department, Government Of Rajasthan, Jaipur.

2.

The Director Cum Deputy Secretary, Directorate,

Local Self Department, Rajasthan, Jaipur.

3.

Municipal Board, Sanchore, District- Jalore. Through

Its Executive Officer.

4.

The Sub-Registrar, Sub-Registrar Office, Sanchore,

District- Jalore.

5.

6.

7.

Shri Oswal Panch Mahajanan Sanchore Through Its

Executive Trustee, Bhinmal, District Jalore.

Gauri Shankar S/o Shri Govind Ram, by caste

Maheshwari, aged about 60 years, R/o Old Bus

Stand, Sanchore, District Jalore.

Shanti Devi W/o Jai Shanker, by caste Maheshwari,

aged about 55 years, R/o Old Bus Stand, Indra

Chowk, Sanchore, District Jalore.

----Respondents

For Petitioner(s)

:

Mr. Manoj Bhandari

For Respondent(s)

:

Mr. Ravi Bhansali, Sr. Advocate

assisted by Mr. MS Purohit

Mr. Rajesh Parihar

Mr. Rajat Dave

HON'BLE MR. JUSTICE INDERJEET SINGH

Judgment / Order

07/09/2021

This writ petition has been filed by the petitioner with the

following prayer:-

(2 of 4)

[CW-14715/2017]

“It is therefore most respectfully prayed that

this writ petition of the petitioner may kindly

be accepted and:-

(i) by an appropriate writ, order or direction,

the

impugned public notices (Annexure-10)

issued by the respondent No.3 may kindly

be declared

illegal and same may kindly

be quashed and set

aside.

(ii) by an appropriate writ, order or

direction, the

respondent No.1 to 3 may

kindly be restrained to

sale the land in

question of create third party

rights and

be directed to maintain status quo forall

purposes in respect of the land in question in

future.

(iii) Any other appropriate writ, order or

direction

which this Hon’ble Court may

deem fit just and

proper in the facts and

circumstances of the case may kindly be

passed in favour of the petitioner.”

In this writ petition, the petitioner has challenged the notice

dated 16.10.2017 issued by the Municipal Board, Sanchore

District Jalore whereby invited the objections from the public at

large as the Municipal Council is going to issue patta to the

possession holder for the land in dispute.

Counsel for the petitioner has submitted that the petitioner

submitted the objections to the said public notice before the

Municipal Board with regard to grant on patta over the land in

dispute. It is further submitted that objections submitted by the

petitioner were not considered and the Municipal Board vide

order dated 12.09.2013 had taken a decision for regularization of

the land in dispute in favour of the persons who are having

possession over the land in dispute.

Counsel for the petitioner further submits that the

petitioner has purchased the land in dispute from respondent

No.5 and when he has produced the said documents for

(3 of 4)

[CW-14715/2017]

registration, the competent authority refused to register the

same, on account of the fact that the land is a disputed land and

the same belongs to the Municipal Board vide order dated

08.02.2012 (Annex.-5). Learned counsel further submitted that

the respondents have no authority under the law to regularize

the land in dispute as the petitioner is the owner of the land in

dispute. Counsel further submitted that the petitioner has filed a

suit before the civil court with regard to non registration of land

in dispute in favour of the petitioner which is still pending before

the learned trial court. On the basis of the civil suit filed by the

petitioner, the petitioner has challenged the notice inviting

objections by the respondents. Counsel further submitted that

the objections submitted by the petitioner