TEENA JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL these petitions have been filed with the similar prayer that the demand notice under the hand of the Resident Engineer Rajasthan Housing Board (herein after `the Board') requiring the petitioners to pay a sum of Rs.1,48,954.60 for allotment of a house admeasuring 31.42 sq. meters be set aside and that the Board be directed to allot houses to the petitioners at the indicative rate of Rs.85,000/- as detailed in the brochure circulated by the Board in the year 2005 for allotment of houses built over plot admeasuring 31.42 sq. meters in its Special Residential Scheme Gharonda 2005.

(2.) THE facts in the case of Teena Jain Vs. State of Rajasthan (S.B. Civil Writ Petition No.2471/2011) are being taken as a leading case for determination of the issues raised by petitioners in their respective writ petitions.

(3.) IT is submitted that the estoppel in the facts of the case operates against the petitioners and writ should be dismissed on this ground. IT is further submitted that invoking of Article 21 of the Constitution of India in the present is misdirected, as the Article 21 does not entitle an allottee of a house constructed by the Board to an allotment at a cost lower than the cost incurred by the Board.