STATE Vs. AVAS VIKAS SANSTHAN

JUDGEMENT

(1.) WE have before us 37 Special Appeals and one writ petition .e. 38 matters in all. 37 special appeals filed under Section 18 of the Rajasthan High Court Ordinance, 1949 arise out of the common judgment and order dated 25.4.2000 whereby the learned Single Judge decided 17 writ petitions in all.

(2.) OUT of these 38 matters in all, 16 appeals at serial No.1 to 6 (6 in number) i.e. DBCSAW No.696/2000, 294/2001, 293/2001, 246/2001, 247/2001, 248/2001; the appeals at 12 to 19 (8 in number) i.e. 317/2001, 318/2001, 313/2001, 311/2001, 316/2001, 312/2001, 208/2001, 310/2001; the appeals at S.No.34 and 36 (2 in number) i.e. 519/2001 and 766/2001 have been filed by he State of Rajasthan; 17 appeals at serial No.8 to 10 (3 in number), 20 to 32 and 37 (14 in number) i.e. 674/2000, 869/2000, 667/2000, 01810/2001, 02191/2001, 02190/2001, 02432/2001, 01860/2000, 01859/2000, 01858/2000, 01857/2000, 01954/2000, 01848/2000, 01844/2000, 01842/2000, 01841/2000, 0769/2002 have been jointly filed by the Rajasthan Housing Board and Commissioner Avas Vikas Sansthan; Rest of the five matters i.e. appeal at Serial No.7 i.e. 890/2000 has been filed by Shri Brijesh Kumar Goyal, writ petition at No.11 i.e. 6800/99 by Shri R.K. Saini, appeal at No.33 i.e. 248/2002 by one Shri Narendra Kumar Sharma, appeal at No.35 i.e. 293/2002 by Shri Anil Trivedi & Ors. and appeal at No.38 i.e. 315/2002 by Avas Vikas Sansthan Engineering Association. The Civil Writ Petition No.6800/99 has been listed alongwith these appeals because it has been a writ petition with regard to the same controversy and is to be heard with these appeals in terms of the order dated 30.11.2000 passed by the Division Bench in D.B. Civil Special Appeal No.890/2000 arising out of S.B. Civil Writ Petition No.6584/94. This order dated 30.11.2000 is quoted as under:- 30.11.2000 HON'BLE MR.JUSTICE ARUN MADAN HON'BLE MR.JUSTICE K.S. RATHORE Mr.Dinesh Yadav, for the Petitioner This matter be listed after showing the name of Shri R.N. Mathur, representing learned counsel for the respondents, alongwith connected matters viz. S.B. Civil Writ Petition No.1043/2000 (Naseer Khan vs. State) and S.B. Civil Writ Petition No.6800/99 (R.K. Saini vs. State), tomorrow i.e. on 01.12.2000. sd/-sd/- (K.S. Rathore),J.(Arun Madan),J.

(3.) IT is the case of the petitioners that the Chairman of the Rajasthan Housing Board is the Ex-officio Chairman of the Sansthan (AVS) and the Managing Director of the sansthan is the Chief Engineer of the Board. Other technical staff has also been taken from the board on deputation for the purpose of imparting training inconstruction works undertaken by the Sansthan. The funds of the Sansthan have also been collected from the grant and contribution from the Government of Rajasthan, Central Government and the major portion of which has been granted by the Rajasthan Housing Board, Jaipur as envisaged under Regulation No.12 and Regulation No.17 provides that possession of the assets of the society, after satisfaction of all debts and liabilities shall be dealt in the manner determined by the Rajasthan Housing Board. The Rajasthan Housing Board Act of 1970 provide for measures to be taken to deal with the satisfy the need of housing, accommodation in the State of Rajasthan.