Allowed

Abdul Gaffar v. State of Rajasthan

Rajasthan HC16 May 2024CW/12599/2022

Case brief

AI extract

What is this about?

This order exercises jurisdiction over seven connected writ petitions filed by allottees of plots in Banswara. The Court, while disposing of the primary petition Pratibha Acharya, directed the Municipal Council to allot a substitute plot of similar dimensions to resolve delayed possession issues. The remaining petitions were disposed of by reliance on this ruling.

What did the court decide?

Director Municipal Council Banswara directed to explore allotment of a plot of same dimensions to petitioner in available area within eight weeks and hand over possession.

Abdul Gaffar Vs State of Rajasthan — Property and Title | Rajasthan HC (2024)

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[2024:RJ-JD:22033]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 12594/2022

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Smt. Pratibha Acharya W/o Kamal Nayan Acharya, Aged About 54 Years, R/o Kalika Mata Road, Banswara (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through The Director, Department Of Local Self, Jaipur (Raj.).

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The Commissioner, Municipal Council, Banswara (Raj.).

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----Respondents

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Connected With

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S.B. Civil Writ Petition No. 12481/2022

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Smt. Reesha Pandaya W/o Shri Jignesh Pandaya, Aged About 38 Years, R/o 'Bhgyodaya' Mahi Sarover Nagar, Housing Board, Banswara (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through The Director, Department Of Local Self, Jaipur (Raj.).

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The Commissioner, Municipal Council, Banswara (Raj.).

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----Respondents

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S.B. Civil Writ Petition No. 12599/2022

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Abdul Gaffar S/o Shri Abdul Gani, Aged About 58 Years, R/o. Kandharwadi, Banswara (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through The Director, Department Of Local Self, Jaipur (Raj.).

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The Commissioner, Municipal Council, Banswara (Raj.).

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----Respondents

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S.B. Civil Writ Petition No. 12671/2022

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Smt. Sunita W/o Shri Rajiv Sharma, Aged About 48 Years, R/o Chiranjiv Vihar, Gaziabad (U.p.) At Present Madhuban Colony In Front Of CID Office, Banswara (Raj.).

----Petitioner

Versus

(2 of 7)

[2024:RJ-JD:22033]

[CW-12594/2022]

State Of Rajasthan, Through The Director, Department Of Local Self, Jaipur (Raj.).

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The Commissioner, Municipal Council, Banswara (Raj.).

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----Respondents

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S.B. Civil Writ Petition No. 12739/2022

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Smt. Parul Pandaya W/o Shri Umesh Pandaya, Aged About 41 Years, R/o Bhgyodaya, Mahi Sarover Nagar, Housing Board, Banswara (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through The Director, Department Of Local Self, Jaipur (Raj.).

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The Commissioner, Municipal Council, Banswara (Raj.).

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----Respondents

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S.B. Civil Writ Petition No. 12742/2022

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Smt. Ranjana W/o Shri Navratna Jain, Aged About 52 Years, R/o

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Shree Ram Colony, Banswara (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through The Director, Department Of Local Self, Jaipur (Raj.).

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The Commissioner, Municipal Council, Banswara (Raj.).

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----Respondents

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S.B. Civil Writ Petition No. 12743/2022

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Kamal Nayan Acharya S/o Shri Chandra Shekhar Acharya, Aged

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About 58 Years, R/o Kalika Mata Road, Banswara (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through The Director, Department Of Local Self, Jaipur (Raj.).

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The Commissioner, Municipal Council, Banswara (Raj.).

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----Respondents

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S.B. Civil Writ Petition No. 13960/2022

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Smt. Rajiya W/o Shri Abbas Ali, Aged About 49 Years, R/o

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Muslim Colony, Banswara (Raj.)

----Petitioner

[2024:RJ-JD:22033]

[CW-12594/2022]

(3 of 7)

Versus

State Of Rajasthan, Through The Director, Department Of Local Self, Jaipur (Raj.).

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The Commissioner, Municipal Council, Banswara (Raj.). ----Respondents

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For Petitioner(s) : Mr. Darshan Jain For Respondent(s) : Mr. Pankaj Mehta

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order

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16/05/2024

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S.B. Civil Writ Petition No. 12594/2022 :-

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Heard learned counsel for the parties.

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The present writ petition has been filed with a prayer that the respondents may be directed to handover the possession of Plot No.460 situated at Rohini Nagar Scheme, Banswara to the petitioner. Alternatively, it has also been prayed that for some reason, if the possession of the Plot No.460 at Rohini Nagar Scheme is not possible , then the petitioner may be allotted a plot of similar standard in any of the colony/area of the Municipal Council, Banswara.

¶74

Briefly noted the facts in the present case are that the respondent No.2 prepared a plan for issuance of patta in the Municipal Area of Banswara. The colony was titled as ‘Rohini Nagar Scheme, Banswara’. Mr. Noor Mohammad applied for the plot in the Rohini Nagar Scheme, Banswara and he was allotted Plot No.460 after depositing the requisite amount for the same. Vide

[2024:RJ-JD:22033]

[CW-12594/2022]

(4 of 7)

agreement to sale dated 18.02.2017 (Annexure-2), the Plot No.460 was purchased by the present petitioner from Mr. Noor Mohammed. When the possession of the Plot No.460 was not handed over to the petitioner, then the petitioner approached the respondents by way of filing a representation. However, it is informed that due to some dispute between the respondentMunicipal Council with the Forest Department, the possession of the said plot was not handed over. Hence, the present writ petition has been filed.

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Learned counsel for the petitioner submits that the petitioner/purchaser of the plot has paid the entire amount to the respondent- Municipal Council for getting the allotment of Plot No.460 in the Rohini Nagar Scheme, Banswara and despite the entire amount having been deposited, the possession has not been handed over to the petitioner. Learned counsel further submits that if there is any dispute with respect to the land in question at Rohini Nagar Scheme, then he is ready to take the land of similar dimensions at any other place in the area of Municipal Council, Banswara. He, therefore, prays that the writ petition may be allowed and the respondents may be directed to allot the appropriate plot as per the dimensions mentioned in the earlier allotment made in favour of the petitioner in the Rohini Nagar Scheme or at any other place in Municipal Council, Banswara at the earliest.

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Learned counsel for the respondent- Municipal Council, Banswara vehemently opposed the submissions made by the

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counsel for the petitioner and submits that for certain bonafide reasons, the possession of the plot allotted to the petitioner vide Annexure-1 could not be handed over. He also submits that there is ongoing dispute between the respondent- Municipal Council and the Forest Department, therefore, the possession of the land in question could not be given to the petitioner. He, therefore, prays that the writ petition may be dismissed.

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I have considered the submissions made at the Bar and gone through the relevant record of the case.

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Admittedly, the petitioner and the predecessor in title Noor Mohammed were allotted a Plot No.460 vide Annexure-1 in the Rohini Nagar Scheme floated by the Municipal Council, Banswara. The amount for the same has also been taken by the Municipal Council, Banswara. Thus, it is incumbent upon the Municipal Council, Banswara to hand over the possession of the plot in question to the petitioner. However, it appears that on account of one dispute between the Municipal Council, Banswara and Forest Department, the possession of the plot in question could not be handed over to the petitioner.

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In these circumstances, in the interest of justice, the respondent-Municipal Council, Banswara is directed to explore the possibility of allotment of a plot to the petitioner of the same dimensions in the area available with the Municipal Council, Banswara. If such land is available, then the allotment of the plot of the same dimensions to the petitioner shall be made and after making the allotment, the possession of the same shall be handed

(6 of 7)

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over by the Municipal Council, Banswara to the petitioner. The entire exercise shall be completed by the Municipal Council, Banswara within a period of eight weeks from the date of receipt of the certified copy of this order.

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The writ petition is disposed of in the above terms.

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The stay petition as well as other pending misc. applications, if any, stand disposed of.

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S.B. Civil Writ Petition No. 12481/2022 S.B. Civil Writ Petition No. 12599/2022 S.B. Civil Writ Petition No. 12671/2022 S.B. Civil Writ Petition No. 12739/2022 S.B. Civil Writ Petition No. 12742/2022 S.B. Civil Writ Petition No. 12743/2022 S.B. Civil Writ Petition No. 13960/2022 :-

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Heard learned counsel for the parties.

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Learned counsel for the parties are in agreement that the controversy involved in the present cases is squarely covered by an order of even date rendered by this Court in S.B. Civil Writ

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Petition No. 12594/2022 (Smt. Pratibha Acharya Vs. State of Rajasthan & Anr.).

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The operative part of the order reads as under :-

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“8. In these circumstances, in the interest of justice, the respondent-Municipal Council, Banswara is directed to explore the possibility of allotment of a plot to the petitioner of the same dimensions in the area available with the Municipal Council, Banswara. If such land is available, then the allotment of the plot of the same dimensions to the petitioner shall be considered and after making the allotment, the possession of the same shall be handed over by the Municipal Council, Banswara to the petitioner. The entire exercise shall be completed by the Municipal Council, Banswara within a

(7 of 7)

[2024:RJ-JD:22033]

[CW-12594/2022]

period of eight weeks from the date of receipt of the certified copy of this order.

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The writ petition is disposed of in the above terms.

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The stay petition as well as other pending misc. applications, if any, stand disposed of.”

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For the self same reasons, the present writ petitions are disposed of in light of the order rendered by this Court in the case of Smt. Pratibha Acharya (supra).

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(VINIT KUMAR MATHUR),J

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2-9-SunilS/-

Abdul Gaffar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Abdul Gaffar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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