RAJENDRA MOHAN JOSHI Vs. STATE OF RAJASTHAN
LAWS(RAJ)-1993-10-30
HIGH COURT OF RAJASTHAN
Decided on October 06,1993

Rajendra Mohan Joshi Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

K.C.AGRAWAL, J. - (1.) THIS revision, under Section 115 of the Code of Civil Procedure, has been filed by Rajendra Mohan Joshi for injunction restraining the respondents Nos. 1 and 2 from disposing him from the premises in his possession.
(2.) THE relevant facts briefly are these. The petitioner was carrying on his business at the Ajmeri Gate Sabzi Mandi since long. On 1.2.1986, a meeting was convened in the office of the Krishi Upaj Mandi (Fruit and Vegetable) Samiti for allotment of shops and sheds for shifting the Sabzi Mandi from Ajmeri Gate, Johari Bazar, Sanganeri Gate to the Lal Kothi Sabzi Mandi area. In that meeting, it was decided that the 'Krishak 'ka' Varg Dalal' would be allotted a covered chabutara of 30' X 12'. The allotment letters were, thereafter, issued on 3.2.1986 by the respondent No. 2. In the allotment letter amongst others, the terms and conditions were to the following effect .........[vernacular ommited text]........... The petitioner claimed that the received another letter dated 13.3.1989 from the respondent No. 2 to get fresh agreements executed and the petitioner was directed to execute fresh agreements in the enclosed proforma on a stamp paper of Rs. 5/ -and to submit the same on or before 31.3.1989. In pursuance of the said letter, the petitioner submitted a duly stamped paper before 31st March, 1989 with the hope to get a permanent right settled in his favour. Under the new agreement, the petitioner was conferred a right to seek electric, water and telephone facilities in his name at his expenses.
(3.) THE petitioner alleged that he executed the agreement as per the terms and conditions settled, but it was to his utter dismay that OR 25.8.1989 he was informed that the allotment made to him was temporary and for getting permanent settlement, he was required to submit a prescribed form by 5.9.1989.;


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