HARI NARAYAN AGARWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner, who is a qualified engineer, wanted to establish an industry in the town Bhinmal and for that purpose he approached the State Government through the Collector, Jalore for alloting him the Und in the town of Bhinmal. By order dated 11th August, 1969, the petitioner was informed by the Collector, Jalore, that the State Government, vide its order dated 19th June, 1969, had accorded sanction for the allotment of 5000 Sq, Yards of land to the petitioner for industrial purposes in Khasra No. 2386 in Bhinmal town on the following terms and conditions:

(2.) IN accordance with the aforesaid communication of the Additional Collector, Jalore, the petitioner on 16th August, 1969, deposited the sum of Rs. 2500/ - in the treasury and thereafter the possession of the land allotted to the petitioner was delivered to him by Tehsildar, Bhinmal. The case of the petitioner is that on 7th October, 1970 he sent a draft agreement for approval to the Collector Jalore and that, inspite of several reminders, the said draft agreement was not approved by the Collector Jalore and, therefore, the agreement could net be executed. By notice issued by the Tehsildar Bhinmal dated 18 -1 -1972 the petitioner was informed that the allotment of land in favour of the petitioner had been cancelled under the orders of the State Government and he was required to handover the possession of the land allotted to him to the Patwari Bhinmal within three days. The petitioner thereupon filed this petition under Article 226 of the Constitution India for the issue of an appropriate writ, direction or order quashing the order of the Tehsildar, Bhinmal dated 19 -1 -1972 and the latter mentioned in the said notice regarding cancellation of the allotment of the land in favour of the petitioner.

(3.) IN the reply filed on behalf of the respondents, it is not asserted that any notice was given to the petitioner before the impugned order cancelling the allotment in his favour was passed. On behalf of the respondents, the cancellation of the allotment of land is sought to be justified on the following two grounds.