ABDUL ADIL Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) BY this writ petition, petitioner has assailed the impugned order dated 15.11.2010 (Annex.4) passed by the second respondent cancelling allotment of plot No. J -4576 made in his favour.

(2.) FACTS apposite for the purpose of this writ petition are that second respondent - Jodhpur Development Authority, Jodhpur (for short 'the JDA') floated a residential scheme in the name and caption of "Rajeev Gandhi Nagar Yojana at Gangana Road, Jodhpur" and a Brochure of the said Scheme was issued. In the Brochure, the details about the commencement of the scheme, availability of application form and last date for submission of forms were mentioned with clarity and precision. It is also clarified in the Brochure that allotment shall be made by draw of lottery on 27.01.2010. Being eligible, the petitioner submitted his application form alongwith requisite earnest money of Rs. 10,000/ -. In his application form, the petitioner staked his claim for allotment of residential plot in B -Category i.e. Lower Income Group -B Category having monthly income of Rs. 10,001/ - to Rs. 15,000/ -. As per schedule programme, draw of lottery was carried out on 27.01.2010. Petitioner's name figured among the incumbents who were selected in the draw of lottery and consequently after scrutinizing his application form, allotment letter was issued to him on 01.04.2010. The total costs of plot was worked out at Rs. 91,800/ - and after adjusting earnest money paid by him, the respondent -JDA directed the petitioner to deposit the balance amount within 30 days. In compliance of the same, the balance amount was deposited by the petitioner on 26.04.2010. Thereafter, lease rent was also paid by the petitioner on 09.05.2010. After completing all the formalities, the petitioner made endeavour to call upon JDA to demarcate the plot allotted to him. Thereupon, he was assured that same shall be completed in due course of time. Subsequently, the petitioner was addressed a communication dated 15.11.2010 whereby his allotment was cancelled in terms of Clause 12(8) of the Scheme and his earnest money was forfeited. The rest of the amount was refunded to the petitioner by cheque dated 12.12.2010 drawn on State Bank of Bikaner and Jaipur and the petitioner encashed the same 'under protest'.

(3.) AFTER filing of the writ petition, an additional affidavit is filed by the petitioner to project his monthly income to the tune of Rs. 15,000/ -.Alongwith additional affidavit, Annexure -A is filed. Annexure -A an affidavit of the petitioner on Rs. 10/ - non -judicial stamp is submitted by the petitioner before JDA, wherein he has mentioned his monthly income to the tune of Rs. 15,500/ -.