MAGAT RAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners herein were allotted commercial shops in Mandi Rawla District Sriganganagar in April, 1990 as per the provisions of the Rajasthan Colonisation (Sale and Allotment of Land in Mandis in Bhakhra and Indira Gandhi Canal Project Colony Areas) Conditions, 1973 (hereinafter referred to as "the Conditions of 1973). Each of the petitioners was allotted shops being the highest bidder in open auction. The size of the shop was 25 x 60 ft. The petitioners constructed the shops and started their business immediately after the purchase. On 15-11-1994 the respondents passed a resolution No. 16 Anx. P/1 by which a decision was taken that behind each shop there is an area of 25 x 30 ft. which is being used by the owners of the shops without making any payment, therefore, the owners of the shops may be allotted the land on payment of Rs. 500/- per sq. yard for commercial use and Rs. 300/- for residential purposes. This resolution was for all the mandi samitis situated in District Hanuman-garh. The petitioners submitted an application for allotment of the land 25 x 30 ft. behind their shops as per the resolution referred above. The respondents also gave them a direction to deposit the amount @ Rs. 500/- per sq. yard. Each of the petitioners deposited the amount and thereafter raised some construction over it.

(2.) Subsequently the respondents vide order Anx. P/3 dated 17-9-1997 issued a notice to each of the petitioners that the allotment so made in their favour of the land 25 x 30 ft. is cancelled and the amount so deposited by them is being refunded. Aggrieved against the order Anx. P/3 the petitioners filed writ petitions in this Court which were accepted vide order dated 12-2-1998 with a direction to the respondents that after giving opportunity of hearing they may proceed afresh. Thereafter order Anx. P/6 dated 22-8-2000 was passed and the allotments of 25 x 30 ft. made in favour of the petitioners were cancelled. Hence these petitions.

(3.) During the course of arguments learned standing counsel for the respondents submitted that no construction as such is made till date. However, the case of the petitioners was that they have constructed their godown and other sundry constructions were made upon it. Consequently a factual report was sought from the Tehsildar. Mandi Vikas Samiti, who submitted a report showing that all the petitioners have raised some construction of the other on the land 25 x 30 ft. behind their shops and are using the same.