Dismissed

Mohammed Khalil and Ors. v. Dist. Collector Chhittorgarh and Ors.

Rajasthan HC11 Feb 2015SAW/68/2015

Case brief

AI extract

What is this about?

The learned Single Bench dismissed the appellants-applicants' application for direction to complete remaining construction work on disputed land. The High Court held that since construction permission was cancelled, the applicants were merely seeking the final relief of the original petition without examining merits, and the appeal was dismissed.

What did the court decide?

Appeal dismissed; no further relief granted to complete construction.

Mohammed Khalil and Ors. Vs Dist. Collector… — Property and Title | Rajasthan HC (2015)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

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D.B. CIVIL SPECIAL APPEAL (WRIT) NO.68/2015

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(MOHAMMED KHALIL & ORS V/S DISTRICT COLLECTOR, CHITTORGARH & ORS.)

DATE OF ORDER

11.02.2015

HON'BLE MR. GOVIND MATHUR,J HON'BLE MISS JAISHREE THAKUR ,J

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Mr.Basti Chand for the appellants.

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By the order dated 11.11.2014, the learned Single Bench dismissed the application preferred by the appellants-peitioners seeking direction to complete the remaining work of plastic and wood work at the building that was constructed on the land in dispute. The learned Single Bench while dismissing the application noticed that the permission granted for raising the construction was cancelled by the District Collector, Chittogarh and therefore, the relief as prayed for shall be nothing but grant of final relief claimed by the appellantspetitioners in the petition for writ itself.

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In appeal, the argument advanced by learned counsel for the appellants is that the interim order is already in operation in favour of the appellants-petitioners with regard to maintaining status quo in relation to the property in question and therefore, plastering the stone construction and other wood work is necessary to protect the structure. We do not find any merit in the argument advanced. It is not in dispute that the permission granted to raise the construction

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has already been cancelled by the District Collector, any further grant of permission as prayed for shall amount to acceptance of the writ petition without examining its merits. The learned counsel for the appellants has placed reliance upon a judgment of this court in Gopal Dutt V/s State of Rajasthan & Ors. 1983 (WLN) 76 but that is having no application in the instant matter being passed in peculiar facts and circumstances of that case. No interference with the order passed by learned Single Bench is called for.

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The appeal is dismissed accordingly.

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[JAISHREE THAKUR], J. [GOVIND MATHUR], J.

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Anil Singh

Mohammed Khalil and Ors. v. Dist. Collector Chhittorgarh and Ors.

Case brief

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Mohammed Khalil and Ors. v. Dist. Collector Chhittorgarh and Ors.

Case brief

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