1998 A I H C 338 ::(1998) 2 Raj LW 787

Rajasthan High Court

Hon'ble Judge(s): B. R. Arora, Amaresh Singh , JJ

(A) Constitution of India , Art.226— Rajasthan Urban Improvement Trust Act (35 of 1959) , S.74— Rajasthan Improvement Trust (Disposal of Urban land) Rules (1974) , R.20, R.26— Land taken on lease from UIT - Lease is governed by statutory rules - Not a case arising out of contractual obligations - Execution of sale deed - Writ petition is maintainable seeking direction to UIT to execute lease deed. C.W.P. No. 5654 of 1994, D/- 19-12-1994 (Raj), Reversed. Rules 20 and 26 of the Rules under the Act show that the execution of sale deed or of the document to evidence sale or allotment of the land to auction-purchaser is not dependent upon the terms and conditions which were agreed to between the U.I.T. and the purchaser but it is governed by the provisions of Rules 20 and 26. Therefore, the right to get the sale deed/lease deed executed by the U.I.T. in accordance with the provisions of Rules 20 and 26, is a statutory right and not a contractual right. Therefore, writ petition seeking direction to UIT to execute lease deed is maintainable. (B) Constitution of India , Art.226— Rajasthan Improvement Trust (Disposal of Urban Land) Rules 1974, Rr. 20 and 26 - Land taken on lease from UIT - Execution of lease deed by UIT - Lease not revoked nor possession of land taken - Right to seek relief u....