SURAJ BHAN SINGH JODHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner, an ex-serviceman of the rank of Major, is aggrieved because of the orders dated 5-2-81 (Ann. 14A) and 18-8-80 (Ann. 14B) by which orders the residential plot allotted to petitioner vide order dated 12-9-78 (Ann. 8) by Government of Rajasthan while exercising the powers under Sec. 60 (1) (b) of the Rajasthan Urban Improvement Act, 1959 had been withdrawn all of a sudden and without any prior notice to petitioner.

(2.) The petitioner had joined Army in the year 1962, he had applied for allotment of a residential plot under the notification issued by State Government under Sec. 60 of The Improvement Act. The notification dated 9-5-63 enabled the State Government to allot the land to army personnel for residential purposes. The petitioner did apply and also sent repeated applications. On further pursuing the matter in regard to allotment of plot he was asked to submit certain certificate about his bona fide residence of State of Rajasthan, which was complied with. The petitioner has narrated the dates and circumstances when right from 1964 onwards he had been pursuing his case for allotment under the category of Army personnel. Vide letter dated 13-7-78 (Ann. 7) written by Secretary of UIT (now the functions of UIT had been taken over by JDA since 1982) to Government to the effect that the petitioner even though figured in the priority list of eligible allottees. Some how was not allotted the plot and many other persons named in letter dated 13-7-78, as many as 11 in number, who were junior on the priority list have been allotted plots. The Secretary in his letter dated 13-7-82 had strongly recommended for consideration of the case of petitioner, which was inadvertently over looked by the authorities in past and to allot a suitable residential plot in favour of petitioner on the basis of the priority list. The Secretary had also pointed out that because of the disposal of Land Rules, 1974 having come into force, the plot can only be allotted by the Government after exercising the powers under Sec. 60 (1) (b) of the UIT Act. The matter was considered by the Government and vide letter dated 12-9-78 (Ann. 8), on examination of case of petitioner, the Government was pleased to sanction the allotment of residential plot. Later on vide letter dated 11-12-79 (Ann. 11), the petitioner was informed by the Chairman of UIT that he will be allotted residential plot in Malviya Nagar Scheme at the rate of Rs. 65/- per sq. yds. and the possession will be given at the time of allotment. The letter dated 11-12-79 is said to be passed on the basis of sanction of allotment by the Government vide letter dated 12-9-78. The petitioner had been pressing for allotment but without there being any reason ever told to petitioner, the recommendation made by Government for allotment of plot to petitioner was cancelled by UIT vide order dated 5-2-81 (Ann. 14A), which cancellation order was passed as per direction given by Government vide letter dated 18-8-80 (Ann. 14B). The case of the petitioner was also taken up by the State Sanik Board, which Board had been constituted by State of Rajasthan to lookafter the welfare and benefits of ex-serviceman. The Board had specifically asked the State Government and UIT to intimate the reasons for cancellation of residential plot to petitioner.

(3.) State Government respondent No. 1, who had passed the order of cancellation had been duly served, but no written statement had been filed, nor the respondent No. 1 is represented through any person, and therefore, this Court has not been told by State Government as to why and under what circumstances and on what reasons the order of allotment of plot had been cancelled.