1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER Smt. Kaushaliya Devi vs. State of Rajasthan & Anr. (S.B.Civil Writ Petition No.4531/07) Dated:- 30.10.2007 HON'BLE MR.JUSTICE SANGEET LODHA Mr.H.S.Sidhu, for the petitioner. Mr.D.S.Rajvi, for respondents no. 2 and 3. BY THE COURT:- In this writ petition, the petitioner has sought direction against the respondent Municipal Board, Hanumangarh (in short “the Board” hereinafter) to execute the sale deed and hand over the possession of the plot purchased by the petitioner in open auction. On 25.5.05, the respondent Board auctioned certain residential plots in Sector No.6, Opposite R.S.E.B. Office, Hanumangarh Junction. Being highest bidder for plot no.8, measuring 30'x60' , the auction was knocked down in favour of the petitioner. As per the terms and conditions of the auction, 1/4th auction amount was deposited by the petitioner on the same day. As per the directions of the respondent Board the remaining 3/4th amount was also deposited by the petitioner on 21.9.05. The grievance of the petitioner is that even after repeated representations being made, neither the possession of 2 the plot has been handed over to him nor the Board has taken any steps to execute the lease deed in conformity with the provisions of Rajasthan Municipalities (Disposal of Urban Land), Rules, 1974( in short “the Rules of 1974” hereinafter). In reply to the writ petition, the respondents have taken the stand that on account of temporary injunction granted by the Civil Judge(J.D.), Hanumangarh in a suit preferred by Resham Singh and Iqbal Singh , highest bidders for plot nos. 10 and 11, the possession of the plot in question could not be handed over to the petitioner and the lease deed could not be executed. A copy of the application for temporary injunction preferred by Resham Singh and Iqbal Singh before the Civil Judge(J.D.), Hanumangarh has been placed on record by the respondent Board as Annexure R/2/2. A bare perusal of the said application goes to show that the dispute in the said suit relates to plot nos. 10 and 11 and not to plot no. 8 which has been purchased by the petitioner in open auction. The temporary injunction for maintaining status quo granted by the learned trial court vide order dated 21.2.07 in favour of the plaintiffs in the suit in no manner operates against the rights of the petitioner who is purchaser of plot no.8. It is stated that Resham Singh and Iqbal Singh have encroached upon some portion of plot no.9 and constructed a 'kachha' hut. Even on that account, the petitioner who is purchaser of plot no.8 cannot be deprived of the 3 possession of the plot purchased by him. No other point has been pressed before me . In the result, the writ petition succeeds. It is hereby allowed. The respondent Board is directed to hand over the possession of the plot no. 8 to the petitioner and execute the lease deed in favour of the petitioner in conformity with the provisions of the Rules of 1974, within a period of two months from the date of this order. No order as to costs. (SANGEET LODHA),J.