In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R S.B. Civil Writ Petition No.8682/2010 Ramesh Tibra & Ors. Vs. Municipal Council, Jhunjhunu & Anr. Date Of Order :: 20/10/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. M.M. Ranjan, for petitioners. Mr. G.K. Garg with Ms. Anita Agrawal, for respondent.
Matter has come up on application (37743/23-09-2010) filed by the petitioners seeking stay of auction notice dt.10.6.2010 published by the respondent.
Counsel for the petitioner submits that despite the order of the State Commission dt.30.11.06 attained finality petitioner has not been alloted at least plot of 833.3 sq.yards to which in fact he was entitled. He further submits that without complying with the order of the State Commission, the Municipal Council, Jhunjhunu has put other vacant plots to auction by public notice dt.10.6.2010. He has further informed to this Court that even the plots which were put to auction, auction proceedings of plot no.2 have been finalized while the other plots no.3 to 8 of Indra Nagar Scheme which is near Samudayik Building auction proceedings could not be finalized as yet. Counsel submits that if the vacant plots are again put to auction it will not be available for him to get plot of 833.33 sq.yards in terms of the order of the State Commission.
Counsel for the respondent, on the other hand, submits that against the order dt.29.3.2010 passed by the District Forum, Jhunjhunu in execution proceedings, respondents have preferred appeal which is pending before the State Commission.
After hearing counsel for the parties and without expressing any opinion on merits, this Court considers it appropriate to restrain the respondents from auctioning plots no.3 to 8 of Indra Nagar Scheme which were earlier put to auction by public notice dt.10.6.2010 till disposal of the appeal pending before the State Commission.
The application stands disposed of accordingly.
(Ajay Rastogi),J
VS Shekhawat /p.2/
8682cw10Oct20Sty.doc