Rajasthan High Court - Jaipur
Shah Shanti Lal Khushal Chnd vs State Of Raj And Ors on 31 October, 2012
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.11022/2008 Shah Shanti Lal Khushal Chand Vs. State of Rajasthan and Others Date of Order ::: 31.10.2012 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Ashok Gaur, Senior Advocate, with Shri Ashwani Jaiman, counsel for petitioner Shri Pradeep Kalwania, Additional Government Counsel Shri Inderjeet Singh, counsel for respondents no.3 #### By the Court:-
This petition has been filed by the petitioner with prayer that respondents may not be allowed to charge the cost at the rate of Rs.9,900/- per square meter for allotment of Shop No.E-52 at Krishi Upaj Mandi Sub Yard, Kukerkhera. Petitioner earlier approached this court by filing Writ petition No.7842/2006 with grievance that he was Class A license broker holding trade license operating his license in Chandpole Anaaj Mandi. That Chandpole Anaaj Mandi was de-notified. Petitioner submitted an application through Anaaj Mandi Vyaapar Sangh, Chandpole Bazar for allotment of shop in the first phase. Due to fault on the part of the Vyaapar Mandal his application was received with one day delay. The application was dismissed. This court while allowing the aforesaid writ petition, directed to consider the application of the petitioner for allotment accepting the plea of the petitioner that some of the allottees were such but even did not submit any application. Case of the petitioner was better than at-least from those persons who were allotted plot despite there being no application in time. Respondents have subsequently allotted Plot No.E-52 to the petitioner rather than charging at the rate of Rs.1100/- per square meter that was charged from other allottees of first phase. They have decided to charge Rs.9900/- per square meter as per the finance sub-committee's decision dated 05.03.2008 which decided to charge 50% of the DLC rate. Learned counsel submitted that the case of the petitioner is identical to those who were allotted shops in the first phase and all those allotted ships in the first phase have been charged at the rate of Rs.1100/- per square meter. The rate of Rs.9900/- i.e. 50% of the DLC rate has been charged from the allottees of the second phase while in the case of the petitioner the allotment was made in the first phase but the rate that has been charged was that of the second phase, which is wholly discriminatory and arbitrary.
Learned counsel for the respondent has opposed the writ petition and submitted that though the plot was reserved for the petitioner due to the interim order passed in the earlier writ petition and in compliance of the judgment of this court his application was considered and he was made allotment of the plot but petitioner did not timely submitted the application and copy of the judgment of this court before the competent authority. He submitted the same when the meeting of the committee was taken place on 03.07.2007 and therefore he was rightly charged the rate of the second phase even though the allotment had been made in the first phase. It was also argued that the judgment of this court was passed on 10.05.2007 whereas Chandpole Anaaj Mandi Yard was de-notified on 07.05.2007.
On hearing learned counsel for the parties and perused the material on record, I find that that the judgment of this court in earlier Writ Petition dated 10.05.2007 and therefore if the petitioner submitted the copy of the judgment to the respondents on 03.07.2007, that delay cannot be said to be so enormous as to justify charging of the rate of allotment of the second phase. The judgment in any case was submitted in less than two months time. Besides, the respondents were also represented before this court when the aforesaid judgment was rendered.
It is not in dispute that the allotment of the shop that has been made to the petitioner is considered in the first phase and no other allottee in that phase has been charged 50% of the DLC rate i.e. Rs.9900/- per square meter. In other words all other allotted plot in the first phase has been charged rate of Rs.1100/- per square meter.
Respondents cannot be permitted to make discrimination amongst equal and petitioner has to be treated as similar to those who have been allotted plots in first phase and it is in that spirit that earlier writ petition was decided. The respondents could not therefore retrospectively apply the rate of the second phase for which the decision of the finance committee was arrived on 05.03.2008. Petitioner admittedly had applied through Anaaj Mandi Vyaapar Sangh, Chandpole Bazar, but his application was dismissed on the ground of alleged delay of one day, which was not approved by this court as if he filed the application in time and allotment of plot to him would therefore be subject to similar conditions on which allotment was made to other traders/licensees in the first phase.
Having regard to the facts of present case, the writ petition is allowed. However, for all this time petitioner retained money and did not deposit the amount and respondents were restrained by this court from allotting the plot to anybody, the petitioner may have to pay interest for amount payable as premium. Petition is therefore allowed. Respondents are directed to charge from the petitioner at the rate of Rs.1100/- per square meter, For allotment of Plot No.E-52 at Krishi Upaj Mandi Sub Yard, Kukerkhera. However, petitioner shall be liable to pay interest at the rate of 6% per annum from the date of allotment till actual payment is made. The payment shall be made within a period of one month and whereupon the respondents shall handover the possession of the plot to the petitioner.
(Mohammad Rafiq) J.
//Jaiman//127 All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Giriraj Prasad Jaiman PS-cum-JW