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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