HARISITA HOTELS (P) LTD. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The facts which are not in dispute are that vide communication dated 19.6.1969, the Collector, Jalore was conveyed sanction under Section 102 of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as the Act of 1956) of allotment of 5000 square yards of land for industrial purposes in Khasra No. 2386 in Bhinmal town to Sh. Harinarayan Agarwal predecessor in title of present petitioner subject to usual conditions against the transfer and subletting of the land in question. The allotment was made on the prevailing market price of the land to be ascertained by the Collector and on payment of full price, the possession of the land was to be delivered to the allottee. In furtherance of the aforesaid sanction, the Collector, Jalore passed an order on 11.8.1969 by which said Sh. Harinarayan Agarwal was allotted 5000 sq. yards of land for industrial purpose in Bhinmal town. The price was determined at 0.50 paisa per square yard. On payment of full price, possession of land was to be delivered. In furtherance of order dated 11.8.1969, in pursuance of the directions issued by the Collector vide communication dated 13.8.1969, the applicant deposited Rs. 2500/- vide challan dated 16.8.1969 and possession of the land was delivered to him on 5.9.1969. Thereafter vide communication dated 18.1.1972, said Hari Narayan was informed that allotment made in his favour has been cancelled and he should hand over possession to the State failing which he shall be forcibly dispossessed.

(3.) In all these communications, reference was made to 5000 sq. yards of land allotted to Sh. Hari Narayan.