JAGDISH KUMAR SAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the applicant -writ -petitioner. The accompanying D.B. Civil Writ Petition No. 10971/2009 had been registered on an application seeking amongst others the following reliefs: -

(2.) BRIEFLY stated the pleaded case of the applicant -writ -petitioner is that the Municipal Council, Sirohi had purchased land measuring 35 bigha 4 biswa situated in khasra no. 2164, 2168, 2170, 2171, 2172, 2173, 2173/2, 2176/2, 2175/1, 2175/2, 2176/1, 2180 and 2181 from its khatedar Tejaram Goyal, a member of the Scheduled Caste community by a registered deed dated 27.3.1989 for a sum of Rs. 7,39,200/ -. The Municipal Council, Sirohi acquired the said land for the purpose of launching the Rajeev Nagar residential scheme and in pursuance of the said objective, invited applications from the people of Sirohi for residential plots and in response thereto, the persons interested did submit their applications in its office. It was thereafter that out of the land in question, allotments were made to the jurisdictional Income Tax Office as well as to a School and the permission for constructions to these Institutions was also granted. This move had the potential of depriving the people of Sirohi, who had applied for allotment of plots in the Rajeev Nagar scheme contemplated by the Municipal Council, Sirohi.

(3.) DURING the pendency of the writ petition, the respondent no. 8 Tejaram expired and on the interim application filed being IA No. 15526/11, a Coordinate Bench of this Court on 24.9.2012 issued notice and required the applicant -writ -petitioner to take necessary steps within a period of 15 days. It was ordered further that process fee be paid for service by registered post with acknowledgment due within 15 days, failing which the writ application would stand dismissed automatically without reference to the Court. As the requisites in terms of the said order had not been deposited, the writ petition was dismissed on 27.11.2012.