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Rajasthan High Court - Jodhpur

Bikaner Vyapar Udhyog Mandal vs The Rajasthan State Industrial ... on 21 April, 2022

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Civil Writ Petition No. 17331/2018
1.      Bikaner Vyapar Udhyog Mandal, Chamber Of Commerce
        And Industry, Modern Market, Bikaner Through Its Vice
        President Vishnupuri S/o Ramnarayan Puri, Aged About
        57 Years R/o 1 Kha 22, Pawanpuri, Bikaner.
2.      M/s M.P. Industries, Through Its Proprietor Shri Surendra
        Patwa S/o Shri Sundar Lal Patwa, Aged About 51 Years,
        Resident Of Patwa Group, Joshiwada Inside Kotgate
        Bikaner.
                                                                  ----Petitioners
                                   Versus
1.      The    Rajasthan      State       Industrial        Development     And
        Investment Corporation Limited, Udhyog Bhawan, Tilak
        Marg, Jaipur, Through Its Managing Director.
2.      The Regional Manager, Riico, Industrial Area, Bichhwal,
        Bikaner.
3.      The General Manager, District Industries Centre, Bikaner.
4.      District Collector, Bikaner.
                                                                ----Respondents


For Petitioner(s)        :     Mr. Amit Kumar Purohit for
                               Mr. M.S. Purohit
For Respondent(s)        :     Mr. Surendra Thanvi for
                               Mr. Sanjeet Purohit



        HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order 21/04/2022 The case comes up on an application (Inward No. 1/19) for early disposal of the writ petition.

The application is not opposed by the counsel for the respondents.

For the reasons mentioned in the application, the same is allowed.

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(2 of 3) [CW-17331/2018] With the consent of the parties, the matter is heard and disposed of finally today itself The present writ petition is filed with the following prayers:-

"A. by an appropriate writ, order or direction the impugned notice dated 12.09.2018 (Annex.9) and news item notifying resumption of allotment process (Annex. 11) on the basis of "pratham aao pratham Pao" may kindly be declared illegal and be quashed and set aside; B. by an appropriate writ, order or direction, the respondents may kindly be directed to allot the industrial plot at Industrial Area karni (Extension), Bikaner to the petitioners on preferential basis at the rates/price which has been previously allotted to the other firms;
C. by an appropriate writ, order or direction, the respondents may kindly be directed to allot the plots of land to the petitioners who got registered with the District Industries Centre; D. grant such other relief/reliefs which in the facts and circumstance of this case this Hon'ble court deems just, fit and proper in favour of the petitioner, and E. The petitioners be awarded the costs of this writ petition."

Learned counsel for the respondents submits that the land allotment on the basis of "Pratham Aao Pratham Pao" has already been done away with and now, the entire land allotment by RIICO will be on the basis of 'E-Auction'.

The learned counsel for the respondents further submits that in the identical situation, this court has disposed of a similar writ petition being S.B. Civil Writ Petition No. 16942/2018 (Om Prakash Choudhary Vs. State of Rajasthan & Ors.) vide order dated 21.11.2019.

Considering submissions made before this Court, the present writ petition is disposed of with a direction to the respondent RIICO to allot the plot to the petitioner in the industrial area (Downloaded on 22/04/2022 at 09:05:53 PM) (3 of 3) [CW-17331/2018] concerned by way of 'E-Auction' strictly in accordance with the provisions of law on the subject.

Needless to say that if an application is preferred on behalf of the petitioner for the allotment in the E-Auction proceedings, the same will be considered, in accordance with law.

Pending applications, if any, also stands disposed of accordingly.

(VINIT KUMAR MATHUR),J 47-AnilSingh/Nitin-

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