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BHARAT PRAKASH MATHUR versus MUNICIPAL CORPORATION, SIKAR

High Court of Rajasthan

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BHARAT PRAKASH MATHUR v MUNICIPAL CORPORATION, SIKAR - CW Case No. 3461 of 2007 [2007] RD-RJ 2575 (10 May 2007)

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No.3461/07

Bharat Prakash Mathur Vs. Municipal

Corporation, Sikar & Anr. 10.5.2007

Hon'ble Mr. Justice Mohammad Rafiq

Shri Sandeep Mathur for petitioner.

Heard learned counsel for the petitioner.

The grievance of the petitioner is that the respondent no.2 had already encroached upon approximately 25 sq. yards of the land more than the allotted land and now another piece of 42 sq. yards has been alloted to him by

Municipal Council treating this to be a strip of land. It is argued that the aforesaid land is part of the public chowk. While on one hand the Municipal

Council was proceeding on various complaints to remove the aforesaid encroachment, on the other they have now decided to regularize the trespass by making the allotment.

In my considered view, earlier then approaching this Court, the petitioner ought to have availed of the remedies provided in the Rajasthan

Municipalities Act, 1959 itself. Section 285 read with Section 300 of the Act provides for remedy before the State

Government whereunder the Government has the power to suspend, even cancel the resolution and order in relation to transfer of any land passed by the Board.

Section 80 sub-section (2) also gives the power to the Government to even rescind the resolution of the Board if it finds that lease, sale or transfer or any other contact respecting any government land is not in conformity with the provisions of the Act.

The petitioner is therefore set at liberty to approach the government detailing out all his grievances and raising all those grounds which he has raised in this petition. If any such appeal / revision is filed, the same shall be considered and disposed of in accordance with law.

The writ petition stands disposed of accordingly.

(Mohammad Rafiq),J.

Rs/-


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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