- (1.) This writ petition has been filed by the petitioner while claiming the following reliefs:- "a) Writ Petition may kindly be allowed with cost; and b) Impugned action of the respondent No.3 by which demolished the house of the petitioner may kindly be declared illegal and all its consequential action/orders, if any, may kindly be quashed and set aside; and c) Respondent no.3 further be ordered not to interfere in the possession of the petitioner at the plot in question and further be restrained to auction the land in question wide notice dated 16.08.2016(Annexure P/10); and d) Respondents may kindly be directed to take suitable action to regularize the land in question in favour of the petitioner and directed to be issued Patta in his favour. e) If during the pendency of this petition, if any order passed or auction the land in question may kindly be quashed and set aside, same may kindly be ordered to be restored and reimbursed; and f) During the pendency of this petition auction notice dated 16.08.2016 (Annexure P/10) may kindly be stayed for item number 5 and 6 i.e. land in question and respondents be directed not to make any interference in the possession of the petitioner; and g) That any other appropriate writ, order or direction, which is considered just and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioner to do the complete justice with the petitioner."
(2.) The case set up by the petitioner in this writ petition is to the effect that he is in possession of a piece of land situated in Indra Colony, Kachchi Basti, Gordhan Vilas, Udaipur. It is claimed that a patta in respect of the said land was issued by the concerned Gram Panchayat in the year 1975 and thereafter the petitioner constructed a house on the said land and also obtained electricity connection. It is claimed in the petition that the authority concerned, with intention to regularise the possession of the occupants in Indra Colony, Kachchi Basti, Gordhan Vilas, Udaipur has conducted a survey in which name of the petitioner has also been figured. It is contended that later on, the land of Khasara No.224 of Gordhan Vilas, where Kachchi Basti is situated, was recorded in the name of Urban Improvement Trust, Udaipur (hereinafter referred to as 'the UIT') and the UIT illegally demolished the house of the petitioner on 28.11.2015.
(3.) It is contended that the petitioner served a notice through his counsel to the UIT on 04.01.2016, however, the UIT did not reply to the said notice and now vide notice dated 16.08.2016 (Annexure-10) invited applications for e-auction for the land in question. It is averred that piece of land mentioned in item Nos.5 and 6 shown in e-auction notice (Annexure- 10) is the land belonging to the petitioner. It is averred in the petition that though the Municipal Corporation, Udaipur has regularised the possession of several similarly situated persons in the same locality but the possession of the petitioner has not been regularised and now the UIT is bent upon to auction the land in question in illegal manner.;