1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.6945/2008 (Jumma Khan Vs. Municipal Board & Ors.) Date of order : 9.9.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. K.K. Shah, for the petitioner. Heard learned counsel for the petitioner. In this writ petition, the petitioner has prayed for directions to the respondent No.1 that the allotment made in favour of respondent No.2 of Plot No.A-13 may be cancelled and his application for regularization may be allowed and he may be issued 'patta'. This writ petition has been filed under the signatures of Jumma Khan @ Jumme Khan. The petitioner's claim is on the basis of old possession. For the same, an application along with affidavit was filed by the petitioner for regularization of land in pursuance of decision taken by the Government for regularizing old possession. Upon perusal of 2 application Annexure-3, it is revealed that the said application was filed under the thumb impression of Jumma Khan. Further the affidavit which is filed along with the application also does not bear any signatures or thumb impression, even then it is attested by Notary Public. Meaning thereby, the application filed by the petitioner for regularization itself was not based on proper application. In this view of the matter, petitioner cannot claim any right. Upon perusal of the application for regularization and maps submitted by petitioner Jumma Khan and respondent No.2, it is revealed that both the places are different. Likewise, there are several disputed questions of facts with regard to area of the land are involved in this writ petition, therefore proper remedy is civil suit, where evidence can be adduced by the parties. Therefore, I am not inclined to interfere in this writ petition. Hence, the writ petition is dismissed. The Municipal Board, Jaisalmer is directed to hold an enquiry upon the said application filed under the thumb impression of Jumma Khan and the unsigned application Annexure-3 and the said enquiry shall be conducted by Commissioner of the Municipal Board, Jaisalmer with regard to the application, which is filed under the thumb impression, so also, the affidavit, which is not even signed and does not bear 3 any thumb impression, even if sworn by Notary Public and take proper action against the person who has issued certified copy of unsigned affidavit. The said enquiry may be completed within a period of three months. The result of the said enquiry shall be communicated to this Court. No order as to costs (GOPAL KRISHAN VYAS), J. arun