JAIPUR UDYOG LTD SAWAIMADHOPUR Vs. STATE OF RAJASTHAN & ORS
LAWS(RAJ)-2012-8-337
HIGH COURT OF RAJASTHAN
Decided on August 14,2012

Jaipur Udyog Ltd Sawaimadhopur Appellant
VERSUS
State Of Rajasthan And Ors Respondents

JUDGEMENT

- (1.) This petition has been filed challenging the order dated 11.05.2012, passed by the Director Local Bodies, Government of Rajasthan, Jaipur dismissing the revision petition filed by the petitioner-Company under Section 327 of the Rajasthan Municipalities Act, 2009 (hereinafter 'the Act of 2009').
(2.) The facts of the case are that plot Nos. A-1 to A-20 in the Warehouse Colony Residential Scheme (Popularly known as Gulab Bagh) were auctioned by the Municipal Board, Sawai Madhopur on 4th/5th March, 2008. Aggrieved by the aforesaid auction, the petitioner-Company filed a writ petition No.3357/08 before this Court whereupon vide order dated 27.07.2011, the petition was dismissed on the ground of alternate remedy. An appeal against the said order dated 27.07.2011 also failed on 14.12.2011.
(3.) The petitioner-Company thereupon filed a revision petition under Section 327 of the Act 2009. The case of the petitioner-Company was that the parcel of land covering the auctioned plot Nos.A-1 to A-20 was handed over to it by the Municipal Board, Sawai Madhopur for development of a Rosary in the year 1967. It was stated that no formal lease-deed was executed for the purpose, but yet the petitioner-company was put into possession whereupon it expanded considerable amounts for the development of Rosary. It was stated before the revising authority that the petitioner-company was entitled to protect its possession allegedly given lawfully by the Municipal Board, Sawai Madhopur in the year 1967 and to ensure the user of the Rosary developed by it for the benefit of the general public. It was stated that in view of the petitioner-company's possession, plots Nos.A-1 to A-20 in the Warehouse Colony Residential Scheme could not be auctioned.;


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