HARPAL SINGH Vs. RIICO

JUDGEMENT

(1.) THE present second appeal has been filed by the appellant/plaintiff against the concurrent decree of the two courts below dated 31.03.2012 passed by learned Addl. District Judge (Fast Track) No.1, Hanumangarh in Civil Appeal No.69/07 - Harpal Singh Vs. RIICO and Ors., whereby the appeal filed by the plaintiff/appellant was dismissed upholding the judgment and decree dated 10.10.2001 passed by learned Additional Civil Judge (Jr. Division), Hanumagnarh, whereby the suit (Civil Suit No.103/1995 - Harpal Singh Vs. RIICO and Ors.) filed by the appellant for mandatory injunction against the defendants was dismissed.

(2.) THE suit was filed by the plaintiff/appellant against the defendant - Rajasthan State Industrial Development and Investment Corporation Ltd. (RIICO), which undertakes the work of industrial development by making plots of chunk and allot such plots to entrepreneurs. The case set up by the appellant/plaintiff was he was alloted an industrial plot, however, the same was cancelled as the production unit could not be started within the stipulated time and after cancellation of his allotm ent, the land was alloted to another industrialist, who is private respondent No.4, namely, M/s Jai Shiv Re gents Pvt. Ltd. by the RIICO. Although, later on cases of 2 -3 other persons, whose allotments were cancelled, were reconsidered, however, the case of the present appellant was not reconsidered, therefore, the suit against the defendant RIICO for seeking mandatory injunction was filed.

(3.) BOTH the courts below have rejected the suit after discussing the relevant pleadings and evidence led before it. Having heard the learned counsel for the appellant and having gone through the judgments and decree impugned, this Court is of the opinion that no substantial question of law arises in the present case requiring consideration by this Court under Section 100 of Code of Civil Procedure, 1908.