ASHOK KUMAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since all these writ petitions involve identical issues they are being decided by a common order. The facts of the writ petition No. 12519/2012 are being taken as a lead case for disposal of these cases.

(2.) The Urban Improvement Trust, Alwar (hereinafter 'the UIT') in March, 2008 carved out a special commercial scheme titled Sculptures Welfare Scheme. The purpose of the scheme was to allot a plot each to eligible sculptors to facilitate them in their trade/ business. Pursuant to publication of the Sculptures commercial Scheme, the petitioners herein and others applied for allotment of plots to the UIT by depositing Rs. 10,000/- each as security amount. A Committee was constituted by the UIT for conducting a lottery on 1-3-2008 for allotment of plots. A list of eligible successful applicants was thereafter prepared and instructions to deposit 50% of the amount payable were issued. The name of the petitioner was shown at Sr. No. 3 in the list successful allottees and plot No. 46 measuring 167.22 sq. meters. allotted to him. For this purpose the Secretary, UIT issued a letter dated 5-3-2008 recording the aforesaid fact and requiring him to pay 50% amount of the total consideration of Rs. 5,68,548/- for plot No. 46 within 45 days. This was computed as Rs. 2,86,145/-. The remainder 50% amount (Rs. 2,84,274/-) along with 12% interest was to be paid by the petitioner in 59 equated monthly instalments. The petitioner was also to pay interest and penalty as provided in the event of default. In pursuance to the letter dated 5-3-2008, the petitioner aside of Rs. 10,000/- earlier deposited along with application for registration, further deposited a sum of Rs. 2,86,145/- on 21-4-2008 with the UIT.

(3.) Thereafter for over four years subsequent to issue of the letter of allotment and deposit of Rs. 2,96,145/- by the petitioner, no further steps were taken by the UIT and the matter remained in a limbo. The continuous entreaties of petitioner to the UIT to proceed with the handing over of the possession of the plot were of no avail. Thereupon on 1-8-2012, the petitioner served a legal notice for demand of justice seeking handing over of the possession of the plot in question and to issue lease-deed, whereupon the petitioner would discharge his liability to pay the remainder amounts as per terms and conditions of the letter of allotment. However the notice for demand of justice also elicited no response. Consequently this writ petition has been filed primarily aggrieved of the arbitrariness of the UIT in not acting upon a concluded contract in respect of the plot allotted to the petitioner in the Sculptures' Scheme, based on an announcement by the Hon'ble Chief Minister of Rajasthan on 29-11-2004. The case of the petitioner is that arbitrariness is founded upon the fortuitous change of the government since the allotment was made in April, 2008.