Disposed

Jugal Kishore and Anr. v. State of Raj. and Anr.

Rajasthan HC6 Dec 2021CW/4376/2010

Case brief

AI extract

What is this about?

The Court directed the Urban Improvement Trust to issue allotment letters and regularize possession under a prior compromise, ensuring a hearing on evidence. A status-quo was ordered for three months pending the Trust's decision.

What did the court decide?

Direction to respondent Trust to issue allotment letters, regularize possession after hearing all parties on record, and pass an order within three months maintaining status-quo.

Jugal Kishore and Anr. Vs State of Raj. and Anr. — Property and Title | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No.4376/2010

Jugal Kishore & Anr.

----Petitioner

Versus

The State Of Rajasthan Through The Secretary, Urban Development Department, Jaipur.

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The Urban Improvement Trust, Udaipur.

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----Respondents

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For Petitioner(s) : Mr. Manoj Bhandari a/w Mr. Govind Suthar

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For Respondent(s) : Mr. Deelip Kawadia Mr. Vijay Purohit

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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06/12/2021

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The writ petitions have been preferred, for sum and substance, claiming the following reliefs:

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i). By an appropriate writ, order or direction, the respondent Urban Improvement Trust (UIT) be directed to issue allotment letter / pattas of the Plot No.109, 110 & 111 respectively situated at Tilak Nagar Colony occupied by the petitioner and imlemented the compromise dated 20.12.1991 in its entirety. ii) By an appropriate writ, order or direction, the respondents trust be directed to regularize the possession of the petitioners on the said plots no.109, 110 & 111 in accordance with law."

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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

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(2 of 2)

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issuance of patta in pursuance of all the document which are on record in the petition.

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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.

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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.

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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.

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Stay petition as well as all pending applications also stand disposed of accordingly.

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(DR.PUSHPENDRA SINGH BHATI),J.

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C/1-Sudheer/-

Jugal Kishore and Anr. v. State of Raj. and Anr.

Case brief

What is this about?

What did the court decide?

Jugal Kishore and Anr. v. State of Raj. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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