RAJIV GANDHI COLONY HITKARI SAMITI & ORS Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2015-12-29
HIGH COURT OF RAJASTHAN
Decided on December 07,2015

Rajiv Gandhi Colony Hitkari Samiti And Ors Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

ARUN BHANSALI, J. - (1.) These appeals arise out of the same proceedings i.e. S.B. Civil Petition No. 6172/2006 : Rajiv Gandhi Colony Hitkari Samiti & Ors. and were therefore heard together and are being decided of by this common judgment.
(2.) The appeal by Rajiv Gandhi Colony Hitkari Samiti ('the Samiti') has been filed against order dated 21.04.2010 passed by learned Single Judge, whereby, certain directions were issued and the appeal by Jodhpur Development Authority, Jodhpur ('the JDA') has been filed against order dated 29.04.2010 passed by learned Single Judge, whereby, certain further directions were issued.
(3.) The Samiti filed writ petition aggrieved against notices issued by erstwhile Urban Improvement Trust now JDA dated 22.9.2006, whereby, it was indicated that the UIT has taken decision to remove encroachments from Shyam Nagar Scheme area in the light of order passed in S.B. Civil Writ Petition No. 1159/2005 : Durga vihar Vikas Samiti v. State of Rajasthan and the encroachers were required to vacate the site within 72 hours; it was, inter alia, claimed in the writ petition that the notice was issued beyond the scope of the writ petition filed by Durga Vihar Vikas Samiti; the petitioners were in possession of the land in question from before 1991; it was prayed that the notice dated 22.09.2006 be quashed and the respondents therein be restrained from dispossessing the petitioners.;


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