A single bench order directs the Urban Improvement Trust to allow parties to examine all records and pass an order strictly in accordance with law within three months, while maintaining status quo.
Direction to UIT to examine records and pass an order within three months; Status quo maintained.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 14949/2017
Dushyant Kumar Pandya S/o Shri Laliteshwar Pandya, Age 59 years, Resident of 103/108, Tilak Nagar, Near Ganpati Park, SubCity Centre, Hiran Magri, Sector-8, Udaipur (Rajasthan).
----Petitioner
----Respondents
For Petitioner(s) : Mr. Manoj Bhandari a/w Mr. Govind Suthar For Respondent(s) : Mr. GR Punia, Sr. Advocate assisted by Mr. Mahaveer Bhanwaria Mr. Deelip Kawadia Mr. Vijay Purohit
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
10/12/2021
The writ petition has been preferred claiming the following reliefs:
i). By an appropriate writ, order or direction, the respondent Urban Improvement Trust (UIT) be directed to issue allotment letter / patta of the Plot No.108 situated at Tilak Nagar Colony occupied by the petitioner.
ii) By an appropriate writ, order or direction, the respondents be restrained to take any further action to allot the original khatedari letters to the respective khatedars subsequent to the compromise reached between the petitioner and similarly situated persons with UIT.
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At the outset, learned counsel for the petitioner as well as the learned counsel for the contesting respondents jointly pray that UIT has an authority to take a lawful stand regarding issuance of patta in pursuance of all the document which are on record in the petition.
This Court is conscious of the fact that entering into a factual dispute at this stage may not be possible and thus, the submissions made by learned counsel for the petitioner as well as learned counsel for the contesting respondents are accepted and UIT is directed to give proper opportunity of hearing to both the parties to take all the documents in the writ petition on record under consideration and thereafter pass an order strictly in accordance with law within a period of three months from receiving the certified copy of this order. Any party who has contested the claim will be permitted to make his submissions before the authorities.
It is also made clear that until the decision is arrived at within a period of three months, overall status-quo shall be maintained by the parties.
The respective parties shall be free to file fresh representation within a period of ten days from today otherwise the material of the writ petition shall be considered for making such decision.
Stay petition as well as all pending applications also stand disposed of accordingly.
(DR.PUSHPENDRA SINGH BHATI),J.
C-2-Sudheer/-
2 issues framed by the court
Whether the Urban Improvement Trust must issue allotment letter or patta for the plot occupied by the petitioner.
Whether the UIT can be restrained from allotting original khatedari letters to others after the purported compromise.
Dushyant Kumar Pandya
The State Of Rajasthan
The Urban Improvement Trust, Udaipur
Dr. Justice Pushendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
