P H E D COLONY COMMITTEE Vs. STATE

JUDGEMENT

(1.) :- Thin appeal is directed against the order passed by the learned single Judge dated 10/08/1989, whereby the writ petition of-the petitioners, -who were employees of the Public . Health Engineering Department, for Allotment of the plots has been dismissed. The petitioners came with a case that certain plots which have been carved out in Khasra No. 392 measuring 67.2 bighas, forming part of Ajmeri Darvaja Scheme of Nagaur Town be allotted to them in its entirety and the allotments made in favour of the private person] vide Annexures 24 to 27 be cancelled.

(2.) The Municipal Board framed Schemes, for residential plots in four, parts. These four Schemes are - South side of Amar Singh ki Chhatari, Front side of Adarsh Nagar College, Outside Ajmeri Darvaja Scheme and Jai Narain Vyas Nagar. The first Scheme consists of 124 plots. The second one 129 plots, the third one, which is the disputed Scheme consists of 213 plots but ultimately they have been allotted 269 plots and the fourth scheme is 342 plots. There, is a stay by the Commissioner so far as Scheme No. 4, i.e. Jai Narain Vyas Nagar is concerned and the judicial Courts have issued stay. for allotment of the plots so far as Scheme No. 2, i.e. Front side of Adarsh Nagar College is concerned. Scheme No. 1 has, already been implemented.

(3.) Even if it be treated that Scheme No. 3 has 269 plots, then as per rules, the Government Servants are entitled to a reservation of 20%, which comes to 54 plots.