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Judgment
Both the writ petitions have been filed by the petitioners with the following prayers :-
(i) In Civil Writ Petition No.8897/2005:-
“It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to accept and allow the present writ petition and ;
(i) by an appropriate writ, order or direction, theMunicipal Board Niwai be directed to execute the sale deed of the land/shop situated outside the
Government Hospital Niwai in favour of the petitioner on 99 years lease hold basis.
(ii) Or any other appropriate order or direction, whichthis Hon’ble Court deems fit and proper in the facts and circumstances of the present case,
may also be passed in favour of the petitioner.
(iii) The cost of the litigation may kindly be allowed tothe petitioner.â€
(ii) In Civil Writ Petition No.8899/2005:-
“It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to accept and allow the present writ petition and ;
(i) by an appropriate writ, order or direction, theMunicipal Board Niwai be directed to execute the sale deed of the land/shop measuring
14’*11’ situated outside the Government Hospital Niwai in favour of the petitioner on 99 years lease hold basis.
(ii) Or any other appropriate order or direction, whichthis Hon’ble Court deems fit and proper in the facts and circumstances of the present case,
may also be passed in favour of the petitioner.
(iii) The cost of the litigation may kindly be allowed tothe petitioner.â€
Counsel for the petitioners submitted that the petitioners are in possession of the shop in dispute since the year 1977 and they are regularly paying
the rent to the Municipal Board. Counsel further submits that despite having deposited the required charges, the Municipal Board is not executing the
lease deed in their favour.
Counsel further submits that the Settlement Committee has taken a decision for regularization of the shop in dispute in favour of the petitioners and
in pursuance thereof the petitioners have deposited the required charges. Counsel further submits that the Divisional Commissioner has also issued the
order in favour of the petitioners for executing the lease deed.
Counsel further submits that the respondents may be directed to execute the lease deed in their favour.
Counsel for the respondents on the other hand submits that earlier the Public Works Department raised objection with regard to execution of the
lease deed in favour of the petitioners and the Tehsildar, Niwai has initiated proceedings against the petitioners under Section 91 of the Land Revenue
Act and the said matter has been finally decided by the Tehsildar, Niwai vide its order dated 14.03.2005 holding that the petitioners’ shop in
dispute is situated in the public facility area attached with the road and the same is an encroachment and the Tehsildar accordingly passed the order of
demolition of the shop in dispute. Counsel further submits that against the order dated 14.03.2005 the petitioners have filed appeal before the District
Collector, Tonk which is still pending consideration.
The fact regarding pendency of the appeal before the District Collector, Tonk is not disputed by the counsel for the petitioners. 7. After considering
the submissions made by the counsel for the parties, I am not inclined to exercise the extraordinary jurisdiction of this Court under Article 226 of the
Constitution of India to entertain such a petition where the question of regularization is still to be decided by the competent authority.
Since the fact of pendency of appeal is not disputed by the counsel for the petitioners, this Court grants liberty to the petitioners to raise legal
objections/grounds before the District Collector, Tonk with regard to their possession over the shops in dispute and it is expected from the District
Collector, Tonk to decide the appeal independently without being influenced by the observations made by this Court and also the question regarding
claim of the petitioners with regard to regularization of the shop in dispute.
All the pending applications are disposed of.
The writ petition stands disposed of with the above observations. Copy of the order be separately placed in the connected file.