MOHANLAL Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THIS batch of ten writ petitions is founded on analogous facts, resembling afflictions of all the petitioners, and therefore they are heard together and disposed of by this common order. For convenience, facts as narrated in S.B. Civil Writ Petition No. 6965 of 2009 are arranged in the chronological order. As per version of the petitioner, at the threshold, Municipal Council, Pali allotted a plot of land to the petitioner bearing No. 54 for construction of shop in Tilaknagar Grain Market Scheme on 9th October 1971, and pursuant thereto registered sale -deed was executed in his favour. In the lease instrument, purpose of allotment is mentioned with clarity and precision i.e. "for commercial purposes" without any other stipulation. After the allotment of the land, which was made in Dhanmandi Yojna, the project itself was abandoned without assigning any reason by order dated 4th of July 1980 and the allotments of the petitioner and other incumbents were rescinded. Against the order of cancellation of allotment, representation was submitted by the petitioner and other allottees before the State Government and the same was accepted by it vide order dated 2nd of December 1980 resulting in revocation of the cancellation of allotment order. In the year 1989, once again respondents issued order dated 10th of April 1989 canceling the allotment of plots by citing reason that allotment was contrary to the Rules of 1974. The petitioner has categorically averred that the said cancellation order was issued without application of mind for the simple reason that allotment was anterior to promulgation of the Rules of 1974.

(2.) BEING disgruntled from the cancellation order dated 10th of April 1989, the petitioner as well as the other allottees preferred writ petitions before this Court and one such writ petition bearing Civil Writ Petition No. 1993 of 1989 (Sukan Raj v. State of Rajasthan & Ors.), was allowed and vide judgment dated 9th of September 1997 the cancellation order dated 10th of April 1989 was set at naught being violative of principles of natural justice. The Court, while setting aside the order of cancellation has also left it open for the State Government to pass appropriate order after affording due opportunity of hearing to the petitioner. Aggrieved from the verdict of the learned Single Judge, Municipal Council preferred appeal before the Division Bench and the said appeal was also dismissed by the Division Bench of this Court. After dismissal of the Special Appeal, the Local Self Department, Government of Rajasthan, issued public notice calling upon the allottees of the land to appear before the Secretary to the Government for hearing on the question of cancellation of plot of land made in their favour. In response to the notice, one of the allottee appeared before the Secretary concerned on 15th January 2002 but no other allottee appeared. Be that as it may, the State Government once again took a decision to the detriment of petitioner and other allottees and cancelled the allotment by holding that prima facie under the Rules of 1974 the land could be sold only by auction, but in the present case the land has not been sold by auction. That apart, the other reasons, assigned for cancellation were that Agriculture Produce Market has already been established in Pali, the utility and continuity of the Tilaknagar Grain Market Scheme has gone commercially redundant.

(3.) THE aforesaid judgment of the learned Single Judge was called in question at the behest of petitioners as well as Municipal Council, Pali before the Division Bench of this Court. The Division' Bench, after hearing the rival parties decided batch of cross special appeals by its judgment dated 15.11.2007. The Division Bench, in its verdict, allowed the appeals preferred by the petitioners/allottees and dismissed the appeals preferred by the Municipal Council, Pali. While deciding the special appeals, the Division Bench made it clear that title of the plot in question vests in the petitioner and it is now not open for the State Government to initiate any proceeding for cancellation of allotment.