GOVIND SINGH Vs. STATE

JUDGEMENT

(1.) THE petitioner through this petition has prayed that the respondents be directed to consider his application and allot him a plot of land in the Jai Narayan Vyas Colony, Jaisalmer.

(2.) BRIEFLY the facts set out in the writ petition are that the petitioner, who is employed in the Indira Gandhi Nahar Project, Jaisalmer and whose annual income did not exceed Rs. 30,000/ - submitted his application (Annex. 1) some time in July, 1988 to the Chairman of the Notified Area Committee, Jaisalmer (respondent No. 2) for allotment of a plot of land having an area 40 ft. x 70 ft. in the J.N. Vyas Residential Scheme. The Collector, Jaisalmer (respondent No. 3), who was also the Chairman of respondent No. 2, accepted petitioner's request for allotment of a plot of land and passed order for depositing his registration amount. It is the case of the petitioner that as per practice, the said Chairman had passed the order on application (Annex. 1) and no separate order for allotment was issued. It is the case of the petitioner that in pursuance of the said order of the Chairman, he approached the Executive Officer, Notified Area Committee, Jaisalmer (respondent No. 4) for depositing the registration amount on 20.8.1988, but the latter asked him not to worry and assured that his application will be considered and that he will be informed accordingly. The petitioner deposited the registration fees of Rs. 3000/ - for 'A' category plot on 17.2.1989 vide receipt Annex. 2 and since then his application has been pending consideration. The petitioner submitted an application dated 13.4.1989 (Annex. 3) to the Chairman, N.A.C., Jaisalmer wherein he alleged that as per the advertisement published in the Rajasthan Patrika dated 4.2.1989 (Annex. 6) as many as 31 applicants, who had submitted their applications for allotment of land in J.N. Vyas Scheme and had not deposited the remaining amount of the price of the plot along with interest were directed to deposit the entire remaining amount by 28th Feb., 1989 and that some of the allotments of the defaulters have been cancelled. He also mentioned that as he fulfilled all the conditions of the eligibility and was prepared to deposit the entire amount, he may be allotted one of those vacant plots, which are available due to the cancellation of allotments of defaulters. Thereafter he also sent letters dated 6.9.1989 (Annex. 4) and 21.12.1989 (Annex. 5) to the Area Commissioner, Jodhpur Region, Jodhpur and to the Chairman and Collector, N.A.C., Jaisalmer for implementing the already ordered allotment of plot of land in his favour. According to the petitioner his letters remained unattended. The petitioner has contended that he has now come to know that some plots in the J.N. Vyas Colony were going to be re -auctioned and that his application for allotment of land has neither been considered nor any decision has been taken thereon nor any reply has been given to him. He has further contended that if the plots in the J.N. Vyas Colony are auctioned then he will be deprived to get any plot, though he is a landless person. According to him, the respondents are under a statutory and obligatory duty to consider his application and to allot him a plot of land because he fulfills all the conditions of eligibility. He has, therefore, prayed that his application be considered and the respondents be directed to allot him a plot of land in the J.N. Vyas Colony, Jaisalmer.

(3.) THE respondents No. 2 and 4 in their counter have hotly contested this writ petition. They have averred that the petitioner has made totally false case and concealed material facts. They have averred that the last date for receiving the application for allotment of plots of land in the J.N. Vyas Colony was July, 1988, but the petitioner submitted his application (Annex. 1) as late as on 17.2.1989. He even did not deposit the registration fees in prescribed time. Therefore, his application (Annex. 1) could not be considered. It has been asserted that such application should have been presented before the Executive Officer (respondent No. 4), that no order for allotment of plot was ever made or passed in favour of the petitioner, that on the other hand all the residential plots in the J.N. Vyas Colony were sold by auction, that the petitioner had submitted his application after the auction of plots of land was over and deposited the registration amount of Rs. 3000/ - on 17.2.89 and that there was neither any verbal conversation between the petitioner and respondent No. 4 nor any assurance was ever given to him. The petitioner had deposited the registration amount by keeping the concerned clerk in dark and procured the receipt dated 17.2.1989, and that by that time all the plots in the J.N. Vyas Colony Scheme had already been sold out to the persons who had participated in the auction proceeding and whose bids were the highest. The petitioner did not participate in the auction proceedings for the purchase of the plot and there is no provision in the Rules for direct allotment of the plot of land. Therefore, the petitioner by merely depositing the registration amount after the prescribed ate does not have any vested right for securing the allotment of the plot of land. The registration fees is refundable and the petitioner can, take back the said amount. It was emphatically denied that there was any unallotted plot of land in the J.N. Vyas Scheme or that any such plot was going to be reauctioned. The respondents have also asserted that J.N. Vyas Colony Scheme is now not in force and that the concerning file has already been closed.