BAL KISHAN GAUR Vs. U.I.T.

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioners challenging order passed by respondent No. 3 Urban Improvement Trust dated 28.12.2007 (Annex. -9) and notice dated 11.06.2008 (Annex. -11), issued in pursuance thereof.

(2.) BRIEF facts of the case are that petitioner No. 1 Bal Kishan Gaur was allotted plot No. B -4, Shastri Nagar, Jodhpur by the U.I.T., upon which, petitioner No. 1 constructed residential house and he is residing there. Petitioner No. 2 is daughter -in -law of petitioner No. 1 and she is doctor being possessed of M.B.B.S. and MS. (Obstetrics and Gynaecology) degrees. Son of petitioner No. 1 is not party in this writ petition. He is also doctor and he is in the government service. The said plot allotted by the U.I.T. is regulated under the Rajasthan Urban Improvement Trust, Jodhpur (Urban Area and Building) Bylaws, 2001 (in short, hereinafter to be called 'the By -laws').

(3.) THE case of the petitioners is that since the activity running in the clinic is not a commercial activity, it is not necessary for the petitioners to apply for conversion of the residential plot No. B -4 and an Advocate, Doctor, Astrologers, Chartered Accountants and Tax Consultants, by their profession, do not indulge in commercial activity and, therefore, they are allowed to do their profession in their residential premises. As per the petitioners, by -law 7.2 (v) of the By -laws framed by respondent No. 1 and approved by the State Government Advocates, Doctors, Engineers, Chartered Accountants/Tax Consultants are authorized to use 25% or 100 Sq Mtr of any floor, whichever is less, for their profession, therefore, the petitioners have right to enjoy the premises even if for their profession and no grievance can be raised to this fact. Likewise, the U.I.T'. cannot insist upon the petitioners for getting conversion of the land from residential to commercial purpose.