MADARSHAH TAIYABIYA SOCIETY UDAIPUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) MADARSAH Taiyabiah Society of Udaipur filed S. B. Civil Writ Petition No. 4084/94 before this Court under Article 226 of the Constitution and prayed that the impugned order at Annex. 13 dated 19. 7. 94 be quashed and set aside.

(2.) THE petitioner is a registered society. It is running school having about 1800 students in the school building which according to it was a very small one, therefore, they wanted some more land for extension of the school building. Accordingly, it approached the Collector, Udaipur who in turn recommended to the Secretary, Urban Improvement Trust on 30. 6. 72 (Annex. 1) for allotment of land to the petitioner. By a resolution dated 24. 5. 84, the U. I. T. Udaipur also recommended the allotment of land to the petitioner and accordingly, wrote a letter dated 10. 10. 84 (Annex. 2) to the State Government. In turn, the State Government directed U. I. T. to allot the land to the petitioner by its letter dated 3. 1. 85 (Annex. 3 ). Consequent thereof, the U. I. T. allotted 6361 sq. ft. land to the petitioner for only Rs. 1,20,859/ -. THE said amount was deposited by the petitioner along with its letter dated 17. 3. 85 (Annex. 4 ). THE U. I. T. executed a document of transfer in favour of the petitioner which is at Annex. 5.

(3.) THE Deputy Secretary to the State Government wrote a letter dated 19. 7. 94 (Annex. 13) to the Secretary, U. I. T. , Udaipur and Commissioner, Municipal Council, Udaipur stating that after hearing the executive members of the petitioner school, the State Government has decided to cancel the allotment of land made in favour of the petitioner and to refund the amount with interest to the petitioner because the allotment of the said land was not in public interest and because of the road being small, accidents are taking place there and two persons have already lost their lives in fatal accident. This has been challenged by the petitioner by way of writ petition No. 4084/94 which was filed on 22. 8. 94.