Rajasthan High Court - Jodhpur
Kamla Devi Mewara vs State Of Rajasthan on 9 October, 2020
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 10219/2020
Kamla Devi Mewara W/o Prathviraj Mewara, Aged About 55
Years, R/o Sanjay Nagar, Jalore.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary Local Self
Government Department, Rajasthan, Jaipur.
2. The District Collector Cum Registrar, Jalore.
3. The Sub Registrar, Jalore.
4. Municipal Council, Jalore, Through Commissioner.
5. Chairman, Municipal Council, Jalore.
----Respondents
For Petitioner(s) : Dr. Sachin Acharya (through VC)
For Respondent(s) :
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order 09/10/2020 Learned counsel for the petitioner has submitted that the Municipal Council, Jalore has issued a lease deed in favour of the petitioner on 20.05.2019 and when the said lease deed was presented before the Sub-Registrar for registration, the Sub- Registrar had refused to register it. Then the petitioner has preferred an appeal under Section 72 of the Indian Registration Act before the District Collector cum Registrar, Jalore, however, the District Collector, Jalore has dismissed the appeal filed by the petitioner and confirmed the order passed by the Sub-Registrar, whereby it has refused to register the lease deed, but simultaneously also, ordered for cancellation of lease deed (Downloaded on 09/10/2020 at 08:37:24 PM) (2 of 2) [CW-10219/2020] executed in favour of the petitioner by the Municipal Council, Jalore.
Learned counsel for the petitioner has also argued that the District Collector, Jalore in an appeal preferred under Section 72 of Indian Registration Act has no jurisdiction to order for cancellation of the lease deed executed in favour of the petitioner by the Municipal Council, Jalore.
Issue notice. Issue notice of stay application also. Meanwhile, effect and operation of the order dated 25.08.2020 passed by the District Collector, Jalore to the extent of cancellation of lease deed executed in favour of the petitioner by the Municipal Council, Jalore on 20.05.2019 shall remain stayed till the next date.
(VIJAY BISHNOI),J 24-Taruna/-
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