SHANKARLAL MOHANLAL PRAJAPATI Vs. COLLECTOR, BNANASKANTHA

JUDGEMENT

(1.) The present petition under Articles 226 and 227 of the Constitution of India is filed for the purpose of seeking following reliefs:-

(2.) The case of the petitioner is that the petitioner made an application for allotment of plot as free allotment under the scheme of the respondent authority for residential purpose. Pursuant to the said application of the petitioner, independent verification has been made by the authority and having found that the petitioner is eligible to be allotted a plot for residence, the allotment has taken place vide order dated 14.04.1982 and 100 sq. yrds. plot on free of cost basis has been allotted to the petitioner. Many such plots have been allotted to such similarly situated persons approximately 400-500 persons in number. The case of the petitioner is that after allotment, the house has been constructed and for that, financial assistance of Rs. 1250/- was taken at the relevant point of time and a certificate about completion of construction of house has also been given by the Additional Assistant Engineer on 26.09.1983. The petitioner started residing in the said house and paying the house taxes as well as other cess to the panchayat. The case of the petitioner is that after almost more than 10 years from the date of allotment and construction of house, respondent No.2 authority unilaterally without granting any opportunity to the petitioner has passed an order canceling the allotment on the premise that the father of the petitioner had already got 50 sq. yrds. plot at the relevant point of time and the same has not been disclosed by the petitioner and by virtue of order dated 24.03.1992, an order came to be passed against the petitioner.

(3.) Heard learned advocate Ms. Nilam Chauhan appearing on behalf of learned advocate Mr. Mehul Rathod for the petitioner, learned Assistant Government Pleader Mr. Dharmesh Devnani for respondent No.1 and learned advocate Mr. Dhaval Barot for respondent No.2.