Disposes the writ petition directing the Deputy Commissioner Zone-11 to hand over possession of the allotted plot and consider the patta request within six weeks upon deposit of charges.
Petitioner to be handed over possession of plot no.112 and patta request to be considered.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.2491/2015 Islam vs. State & Anr.
DATE OF ORDER : : 3rd March, 2015
**HON'BLE MR. JUSTICE MOHAMMAD RAFIQ *********
Shri Ashok Yadav for the petitioner ##
This writ petition has been filed by the petitioner with the prayer that the respondent‐JDA be directed to give possession of plot no.112 pursuant to the allotment letter dated 7.11.2003 read with corrigendum letter dated 6.8.2004.
Contention of learned counsel for the petitioner is that petitioner was originally allotted plot no.232 in Harchandpura Dairy Scheme, Agra Road vide order dated 14.7.2004, but subsequently this allotment order was modified and instead of plot no.232, petitioner by order dated 6.8.2004 was allotted another plot no.112 in the same scheme. Petitioner was served with notice dated 12.10.2010 calling upon him to shift his dairy to the plot no.112 of Harchandpura, Agra Road. The Commissioner of Nagar Nigam in the aforesaid letter dated 12.10.2010 referred to the
judgement passed by the Supreme Court in Special Leave Appeal (Civil) No.23637/2007 decided on
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30.8.2010 for shifting the dairies from city area to the outer.
Contention of learned counsel for the petitioner is that neither possession of the aforesaid plot has been given to the petitioner, nor he been issued any patta and, therefore, he is unable to shift.
Having regard to the facts aforestated, petitioner is required to approach the Deputy Commissioner Zone‐11, Jaipur Development Authority, Jaipur along with copy of this order, who shall ensure that the petitioner is handed over the possession of the aforesaid plot, provided the petitioner deposits the requisite charges. The Deputy Commissioner shall also consider the request of the petitioner for issuance of patta. The representation of the petitioner shall be decided within a period of six weeks of the petitioner appearing before them along with copy of this order.
The writ petition is disposed of.
(Mohammad Rafiq),J.
RS/94
All corrections made in the judgement/order have been incorporated in the judgement/order being emailed. (Ravi Sharma,P.A.)
Islam
State & Anr.
MOHAMMAD RAFIQ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
