SHYAM SUNDER Vs. STATE

JUDGEMENT

(1.) This special appeal under S.18 of the Rajasthan High Court Ordinance, 1949 is against dismissal of a writ petition by a learned single Judge of this Court. By the writ petition challenge was made to allotment of 8 Bighas 1 Biswa of Khasra No. 410 out of its total area of 9 Bighas 8 Biswas in village Jakoda, Tehsil Bali, District Pali to respondent 4, Shree Sumerpur Cotton Ginning and Pressing Factory by the Collector, Pali at the behest of the State Government. The allotment of this land was made to the respondent No. 4 under the Rajasthan Land Revenue (Industrial Areas Allotment) Rules, 1959 made in exercise of the powers conferred by S.100 of the Rajasthan Land Revenue Act, 1956 after the said Khasra No. 410 had been set apart for industrial purpose under S.92 of the Rajasthan Land Revenue Act, 1956. The appellant carried on business at Sumerpur in District Pali and also at Udaipur. He too was a claimant for allotment of this land, but the same was denied to him. The writ petition was then filed to challenge the allotment made in favour of respondent 4.

(2.) In substance the grievance made in the writ petition and reiterated in this appeal is that the allotment of the above land in favour of respondent No. 4 is discriminatory inasmuch as the allotment was made without giving any opportunity to the appellant and the others interested in getting the land allotted. In other words, the grievance made is of denial of equal opportunity to the appellant and other claimants for allotment of the land and arbitrarily choosing respondent 4 for making this grant. The learned single Judge took the view that there was no defect in the allotment made to respondent No. 4 and accordingly he dismissed the writ petition. Hence this appeal by the petitioner.

(3.) The material facts are these :-