K.C.AGRAWAL, J. - (1.) This appeal has been preferred by Suresh Mehta against the judgement of the learned single Judge dismissing the writ petition filed by him on 10/02/1992 along with Asulal Sancheti and Jawaharlal for quashing of the allotment of land made by the Urban Improvement Trust. Later on Asulal Sancheti and Jawahar-lal withdrew themselves from the writ petition and, thereafter Suresh Mehta was left alone. He has filed the present appeal.
(2.) The learned counsel for the appellant urged that the land in dispute had been left out for the use for a park and that the Urban Improvement Trust had no power to let it out to Jodhpur Medical research Centre Trust (for short 'Trust') for construction of the hospital. For the submission, the learned counsel for the appellant referred to the previous litigation when a portion of the land had been let out by the U.I.T. to the Rajasthan State Electricity Board. At that time, the allotment was challenged as invalid being against the purpose for which the land could be utilised. The writ petition was dismissed by passing the following order :- "Mr. Calla states that only a little portion of the park has been allotted to RSEB for installing the distribution sub-station. The rest of the park would be kept and maintained as park. In view of the above statements the apprehension of the petitioner that the park will cease to be used as park is unfounded. The land covered by the park is not being transferred. The present petition is, therefore, misconceived. The writ petition is, therefore, dismissed with no order as to costs."
(3.) Subsequent to this order, land measur-ing 1732.35 sq. yards out of 2688.33 sq. yards was leased out to the Trust, which is res-pondent No. 4 in the appeal for construction of a hospital.;