Rajasthan High Court - Jaipur
Deen Dayal Gupta vs State (Urban Development)Ors on 23 February, 2017
Author: M.N. Bhandari
Bench: M.N. Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
1.S.B.Civil Writ Petition No. 1494 / 2015
Deen Dayal Gupta S/o Shri Lal Gupta, Aged About 58 Years, C-49,
Ranjeet Nagar, Bharatpur (Raj.)
----Petitioner
Versus
1. The State of Rajasthan Through Principal Secretary, Urban
Development & Housing Department, Government Secretariat,
Jaipur(Raj.)
2. Rajasthan Housing Board,, Janpath, Jyoti Nagar, Jaipur Through
its Commissioner
3. Chief Estate Manager, Rajasthan Housing Board, Janpath, Jyoti
Nagar,Jaipur
4. Estate Manager, Circle-III, Rajasthan Housing Board, Jaipur
----Respondents
2.S.B. Civil Writ Petition No. 14257/2014.
Harish Kumar Son of Shri Gopal Das, Aged About 46 years, Resident of 289, Malviya Nagar, Sector-III, Ward No. 26, Jaipur through its Registered Power of Attorney Holder Shri Ram Prasad Son of Shri Ram Ji Lal, aged about 35 years, Resident of 85/653, Pratap Nagar, Sanganer, Jaipur.
........Petitioner Versus
1. State of RajasthanThrough Additional Chief Secretary, Department of Urban Development, Secretariat, Jaipur.
2. The Principal Secretary, Cabinet Secretariat, Government of Rajasthan, Secretariat, Jaipur.
3. The Rajasthan Housing Board through its Commissioner, Jyoti Nagar, Jaipur.
(2 of 29) [ CW-1494/2015]
4. Deputy Housing Commissioner, Circle-I, Housing Board, Jaipur.
...Respondents3.
3.S.B. Civil Writ Petition No. 14130/2014 Sanjiv Sharma S/o K.D. Sharma, aged about 55 years, permanent resident of House No.640, Vivek Vihar,Shyam Nagar, Jaipur, Rajasthan.
......Petitioner Versus
1. State of Rajasthan through Principal Secretary, Urban Development & Housing Department, Govt., Secretariat, Jaipur, Rajasthan.
2. Rajasthan Housing Board, Janpath, Jyoti Nagar, Jaipur through its Commissioner.
3. Chief Estate Manager, Rajasthan Housing Board, Janpath, Jyoti Nagar, Jaipur.
..Respondents
4.S.B. Civil Writ Petition No. 14259/2014 Rajeev Kumar Bhargava S/o Late Shri M.C.Bhargava, aged about 55 years, permanent resident of E-57/67, Mehta Bhawan, Chitranjan Marg, C-Scheme, Jaipur, Rajasthan through his Power of Attorney Shri Arjun Dhariwal aged about 28 years S/o Shri Ram Ratan Dhariwal resident of (3 of 29) [ CW-1494/2015] House No. 104, Sundar Bhawan, Shiv Shakti Nagar-A, Model Town, Jagatpura, Jaipur (Raj.) .......Petitioner Versus
1. State of Rajasthan through Principal Secretary, Urban Development & Housing Department, Govt., Secretariat, Jaipur, Rajasthan.
2. Rajasthan Housing Board, Janpath, Jyoti Nagar, Jaipur through its Commissioner.
3. Chief Estate Manager, Rajasthan Housing Board, Janpath, Jyoti Nagar, Jaipur.
......Respondents
5.S.B. Civil Writ Petition No. 14306/2014 M.L. Sharma S/o. Omkar Prasad Sharma, aged about 68 years, R/O- House no. A-112, Ramnagariya main jagtpura, Jaipur, Raj.
......Petitioner Versus
1. State of Rajasthan through Principal Secretary, Urban Development & Housing Department, Govt., Secretariat, Jaipur, Rajasthan.
2. Rajasthan Housing Board, Janpath, Jyoti Nagar, Jaipur through its Commissioner.
3. Estate Manager, Circle III Rajasthan Housing Board, Janpath, Jyoti Nagar, Jaipur.
(4 of 29) [ CW-1494/2015]
4. State of Rajasthan through Joint administrative Secretary, Urban Development & Housing Deparment, Govt. Secretariat, Jaipur, Rajasthan.
......Respondents
6.S.B. Civil Writ Petition No. 14583/2014 Dayal Das Bhatia S/o Shri Hira Nand Bhatia, R/o House No. 265, Guru Nanak Pura Adarsh Nagar, Jaipur (Raj.) Through Power of Attorny Holder Davki Nandn Mishra S/o Shri Bajarang Lal Mishra age About 51 years r/o 43/12/8, Swarn Path, Mansrowar, Jaipur, (Raj.) .......Petitioner.
Versus
1. State of Rajasthan through Principal Secretary, Department of Housing & Urban Development, Govt. Of Rajasthan, Govt. Secretariat, Jaipur.
2. Joint Secratary-II, Department of Housing & Urban Development (U.D.H.), Govt. Of Rajasthan, Govt. Secretariat, Jaipur.
3. Rajasthan Housing Board through its Secretary/Chairman, Bhagwan Das Road, Janpath, Jaipur.
4. Dy. Housing Commissioner, Rajasthan Housing Board, Jaipur Circle-RHB, Pratap Nagar, Sanganer, Jaipur.
.......Respondents
7.S.B. Civil Writ Petition No. 14600/2014 (5 of 29) [ CW-1494/2015] Ram Singh Chohan S/o Late Shri Jaiveer Singh R/o House No. A 137, Trivani Nagar, Gopalpura Bypass, Jaipur (Raj.) Through Power of Attorny Holder Davki Nandn Mishra S/o Shri Bajarang Lal Mishra Age About 51 years, R/o 43/12/8, Swarn Path, Mansrowar, Jaipur, (Raj.) .......Petitioner.
Versus
1. State of Rajasthan through Principal Secretary, Department of Housing & Urban Development, Govt. Of Rajasthan, Govt. Secretariat, Jaipur.
2. Joint Secratary-II, Department of Housing & Urban Development (U.D.H.), Govt. Of Rajasthan, Govt. Secretariat, Jaipur.
3. Rajasthan Housing Board through its Secretary/Chairman, Bhagwan Das Road, Janpath, Jaipur.
4. Dy. Housing Commissioner, Rajasthan Housing Board, Jaipur Circle-I, RHB, Pratap Nagar, Sanganer, Jaipur.
.......Respondents
8.S.B. Civil Writ Petition No. 591/2015 Sonu Kumar S/o Shri Chandram aged about 32 resident of Plot no. 11, Taranagar Colony, Opp. Jagatpura Railway Crossing, Jagatpura, Jaipur (Raj.) .......Petitioner Versus (6 of 29) [ CW-1494/2015]
1. State of Rajasthan through Principal Secretary, Urban Development & Housing Department, Govt., Secretariat, Jaipur, Rajasthan.
2. Rajasthan Housing Board, Janpath, Jyoti Nagar, Jaipur through its Commissioner.
3. Chief Estate Manager, Rajasthan Housing Board, Janpath, Jyoti Nagar, Jaipur.
......Respondents
9.S.B. Civil Writ Petition No. 631/2015 Ashwani Kumar Khana S/o Shri H.L.Khana Parmanent R/o Plot No. 22, Dream tak Apparment Gaziabad, New Dehli. Local Address care of Shri B.R. Kapoor, Plot no. 483, Raja Park, Street No.4 Through of Power of Attorney Holder Umesh Paliwal S/o Shri Avadh Bihari Paliwal Age About 55 years, R/o 40/ 114, Mansrowar, Jaipur, (Raj.) .......Petitioner Versus
1. State of Rajasthan through Principal Secretary, Department of Housing & Urban Development, Govt. Of Rajasthan, Govt. Secretariat, Jaipur.
2. Joint Secratary-II, Department of Housing & Urban Development (U.D.H.), Govt. Of Rajasthan, Govt. Secretariat, Jaipur.
(7 of 29) [ CW-1494/2015]
3. Rajasthan Housing Board through its Secretary/Chairman, Bhagwan Das Road, Janpath, Jaipur.
4. Dy. Housing Commissioner, Rajasthan Housing Board, Jaipur Circle-I, RHB, Pratap Nagar, Sanganer, Jaipur.
.......Respondents
10.S.B. Civil Writ Petition No. 633/2015 Kishor Kumar Nayak S/o Shri Nanak Ram R/O House No. 6/244, Malviya Nagar, Jaipur (Raj.) Through Power of Attorney Holder Dinesh Kumar Paliwal S/o Shri Nirmal Naryan Paliwal Age About 47 years, R/O 185, Rajani Vihar, Ajmer Road, Jaipur (Raj.) .......Petitioner Versus
1. State of Rajasthan through Principal Secretary, Department of Housing & Urban Development, Govt. Of Rajasthan, Govt. Secretariat, Jaipur.
2. Joint Secratary-II, Department of Housing & Urban Development (U.D.H.), Govt. Of Rajasthan, Govt. Secretariat, Jaipur.
3. Rajasthan Housing Board through its Secretary/Chairman, Bhagwan Das Road, Janpath, Jaipur.
4. Dy. Housing Commissioner, Rajasthan Housing Board, Jaipur Circle-I RHB, Pratap Nagar, Sanganer, Jaipur.
.......Respondents
11.S.B. Civil Writ Petition No. 1151/2015 (8 of 29) [ CW-1494/2015] Pradeep Kumar S/o Shri Narayan Das Sawnani Aged About 36 years, R/o. 33/22, Varun Path, Mansarovar, Jaipur (Rajasthan).
.......Petitioner Versus
1. State of Rajasthan through Principal Secretary, Urban Development & Housing Department, Govt., Secretariat, Jaipur, Rajasthan.
2. Rajasthan Housing Board, Janpath, Jyoti Nagar, Jaipur through its Commissioner.
3. Estate Manager, Circle III Rajasthan Housing Board, Janpath, Jyoti Nagar, Jaipur.
4. State of Rajasthan through Joint administrative Secretary, Urban Development & Housing Department, Govt. Secretariat, Jaipur, Rajasthan.
......Respondents
12.S.B. Civil Writ Petition No. 1281/2015 Jairam Chandwani W/o Shri Bhojrajmal Chanwani aged about 62 years, by caste Sindhi, R/o P. No. 261/226, Pratap Nagar, Sanganer, Jaipur through Power of attorney Holder Tulsidas S/o Shri Hasanand, age 55 year, caste Sindhi, R/o 261/159, Pratap Nagar, Sanganer, Jaipur.
......Petitioner Versus (9 of 29) [ CW-1494/2015]
1. State of Rajasthan through Secretary, Urban Development and Housing Department, Secretariat, Jaipur.
2. Rajasthan Housing Board through Chairman, Janpath, Jaipur.
3. Estate Manager, Rajasthan Housing Board Circle-Ist, Pratap Nagar, Sanganer, Jaipur.
......Respondents
13.S.B. Civil Writ Petition No. 1282/2015 Harish Kumar Son of Shri Gopal Das, Aged About 46 years, Resident of 289, Malviya Nagar, Sector-III, Ward No. 26, Jaipur through its Registered Power of Attorney Holder Shri Ram Prasad Son of Shri Ram Ji Lal, aged about 35 years, Resident of 85/653, Pratap Nagar, Sanganer, Jaipur.
........Petitioner Versus
1. State of RajasthanThrough Additional Chief Secretary, Department of Urban Development, Secretariat, Jaipur.
2. The Principal Secretary, Cabinet Secretariat, Government of Rajasthan, Secretariat, Jaipur.
3. The Rajasthan Housing Board through its Commissioner, Jyoti Nagar, Jaipur.
4. Deputy Housing Commissioner, Circle-I, Housing Board, Jaipur.
......Respondents
14.S.B. Civil Writ Petition No. 1283/2015 (10 of 29) [ CW-1494/2015]
1. Mohammed Sayed Son of Shri Chotte Khan, aged abouyt 52 years, resident of 3123, Pannigahran Ka Mohalla, Ramganj, Jaipur.
2. Dharampal Son of Shri Moolchand, aged about 68 years, resident of Retpura, House no. 3046, Saraswati marg, karol Bagh, New Delhi.
........Petitioners Versus
1. State of RajasthanThrough Additional Chief Secretary, Department of Urban Development, Secretariat, Jaipur.
2. The Principal Secretary, Cabinet Secretariat, Government of Rajasthan, Secretariat, Jaipur.
3. The Rajasthan Housing Board through its Commissioner, Jyoti Nagar, Jaipur.
4. Deputy Housing Commissioner, Circle-I, Housing Board, Jaipur.
.......Respondents
15.S.B. Civil Writ Petition No. 1284/2015
1. Damodar Agarwal S/o Late Shri Gopi Ram Agarwal, Aged about 52 years, Resident of House No.889, Tikkarmal Ka Rasta, Kishanpole Bazaar, Jaipur through its Registered Power of Attorney Holder Shri Dinesh Mittal Son of Shri Prem Chand Mittal, aged about 32 years, Resident of House no. 113/56, Pratap Nagar, Sanganer, Jaipur.
(11 of 29) [ CW-1494/2015]
2. Usha Jain Wife of Shri R.K. Jain, aged about 50 years, resident of T-21, Mahaveer Nagar-I, Tonk Road, Jaipur.
3. Ashok KumarAgarwal Son of Shri Satyanarayan Agarwal, aged about 48 years, resident of 2 Tha-21, Jawahar nagar, Jaipur.
........Petitioners Versus
1. State of RajasthanThrough Additional Chief Secretary, Department of Urban Development, Secretariat, Jaipur.
2. The Principal Secretary, Cabinet Secretariat, Government of Rajasthan, Secretariat, Jaipur.
3. The Rajasthan Housing Board through its Commissioner, Jyoti Nagar, Jaipur.
4. Deputy Housing Commissioner, Circle-I, Housing Board, Jaipur.
.......Respondents
16.S.B. Civil Writ Petition No. 1288/2015 Kanhaiya Lal Bunkar S/o Shri Gopal Lal Bunkar aged about 50 years, by caste Bunkar, R/o P. No.123/124, Mansarovar, Jaipur through power of attorney holder Jai Kumar Jain S/o Late Jeetmal Jain, Age 54 year, caste Jain, R/o Nemi Sagar Colony, Near Jain Temple, Vaishali Nagar, Jaipur.
........Petitioner (12 of 29) [ CW-1494/2015] Versus
1. State of Rajasthan through Secretary, Urban Development and Housing Department, Secretariat, Jaipur.
2. Rajasthan Housing Board through Chairman, Janpath, Jaipur.
3. Estate Manager, Rajasthan Housing Board Circle-Ist, Pratap Nagar, Sanganer, Jaipur.
......Respondents
17.S.B. Civil Writ Petition No. 1300/2015 Ganesh Ram Sharma S/o Shri Chotte Lal Sharma, aged about 62 years, by caste Brahmin, R/o P.No.1662, Tikkiwalon ka Rasta, Kishanpole Bazar, Jaipur through power ofattorney holder Gauri Shankar Soni S/o Shri Sundra Lal Soni, Age 38 year, caste Soni, R/o House no. 163/333, Pratap Nagar, Sanagner, Jaipur.
........Petitioner Versus
1. State of Rajasthan through Secretary, Urban Development and Housing Department, Secretariat, Jaipur.
2. Rajasthan Housing Board through Chairman, Janpath, Jaipur.
3. Estate Manager, Rajasthan Housing Board Circle-Ist, Pratap Nagar, Sanganer, Jaipur.
......Respondents
18.S.B. Civil Writ Petition No. 1310/2015 (13 of 29) [ CW-1494/2015] Ramavtar Gupta S/o Shri Bhairu Lal, aged about 60 years, by caste Mahajan, R/o P. No.11/85, Bhurgu Path, Madham Marg, Mansarovar, Jaipur through power of attorney holder Dinesh Kumar Sharma S/o Shri Prem Kumar Sharma, Age 26 year, caste Brahmin, R/o 15-D, Ward No- 6, Gajsinghpura, Distt. Ganganagar.
........Petitioner Versus
1. State of Rajasthan through Secretary, Urban Development and Housing Department, Secretariat, Jaipur.
2. Rajasthan Housing Board through Chairman, Janpath, Jaipur.
3. Estate Manager, Rajasthan Housing Board Circle-Ist, Pratap Nagar, Sanganer, Jaipur.
......Respondents
19.S.B. Civil Writ Petition No. 1369/2015 Smt. Asha Nanda W/o Shri Praveen Kumar Nanda, aged about 67 years, R/o Flat no. 101, Shekhawati Enclave, C-35, Lajpat Marg, C-Scheme, Jaipur (Rajasthan) .......Petitioner Versus
1. State of Rajasthan through Principal Secretary, Urban Development & Housing Department, Govt., Secretariat, Jaipur, Rajasthan.
(14 of 29) [ CW-1494/2015]
2. Rajasthan Housing Board, Janpath, Jyoti Nagar, Jaipur through its Commissioner.
3. Estate Manager, Circle III Rajasthan Housing Board, Janpath, Jyoti Nagar, Jaipur.
4. State of Rajasthan through Joint administrative Secretary, Urban Development & Housing Department, Govt. Secretariat, Jaipur, Rajasthan.
......Respondents
20.S.B. Civil Writ Petition No. 1385/2015 Purshottam Das S/o Shri Bhagwan Das, Caste Sindhi, Age 52 years, R/o H.No. EL-39, Vidhyadhar Nagar, Jaipur through its registered power of attorney holder Shri Himanshu Gupta S/o Shri Rajendra Prasad Gupta, Age 21 years, R/o HNO 4348, Nathmal Ji Ka Chowk, Johri Bazar, Jaipur. ........Petitioner Versus
1. State of RajasthanThrough Additional Chief Secretary, Department of Urban Development, Secretariat, Jaipur.
2. The Principal Secretary, Cabinet Secretariat, Government of Rajasthan, Secretariat, Jaipur.
3. The Rajasthan Housing Board through its Commissioner, Jyoti Nagar, Jaipur.
4. Deputy Housing Commissioner, Circle-I, Housing Board, Jaipur.
......Respondents (15 of 29) [ CW-1494/2015]
21.S.B. Civil Writ Petition No. 1399/2015 Satnam Singh S/o Shri Kesar Singh, aged about 58 years, by caste Sikha, R/o B/260/5, Vyas Marg, Rajapark, Jaipur.
........Petitioner Versus
1. State of Rajasthan through Secretary, Urban Development and Housing Department, Secretariat, Jaipur.
2. Rajasthan Housing Board through Chairman, Janpath, Jaipur.
3. Estate Manager, Rajasthan Housing Board Circle-Ist, Pratap Nagar, Sanganer, Jaipur.
......Respondents
22.S.B. Civil Writ Petition No. 1400/2015 Hemraj Jain S/o Shri Dalchand Jain, aged about 52 years, by caste Jain, R/o B-23, Janta Colony, Agra Road, Jaipur.
........Petitioner Versus
1. State of Rajasthan through Secretary Urban Development and Housing Department, Secretariat, Jaipur.
2. Rajasthan Housing Board through Chairman, Janpath, Jaipur.
3. Estate Manager, Rajasthan Housing Board Circle-Ist, Pratap Nagar, Sanganer, Jaipur.
......Respondents
23.S.B. Civil Writ Petition No. 1401/2015 (16 of 29) [ CW-1494/2015] Rajendra Kumar S/o Shri Udho Sewani, aged about 52 years, by caste Sindhi, R/o 4/367, Malviya Nagar, Jaipur.
........Petitioner Versus
1. State of Rajasthan through Secretary Urban Development and Housing Department, Secretariat, Jaipur.
2. Rajasthan Housing Board through Chairman, Janpath, Jaipur.
3. Estate Manager, Rajasthan Housing Board Circle-Ist, Pratap Nagar, Sanganer, Jaipur.
......Respondents
24.S.B. Civil Writ Petition No. 1402/2015 Kanta Dhanwani W/o Shri Dayal Das, aged about 55 years, by caste Sindhi, R/o 2/27, Malviya Nagar, Jaipur.
........Petitioner Versus
1. State of Rajasthan through Secretary Urban Development and Housing Department, Secretariat, Jaipur.
2. Rajasthan Housing Board through Chairman, Janpath, Jaipur.
3. Estate Manager, Rajasthan Housing Board Circle-Ist, Pratap Nagar, Sanganer, Jaipur.
......Respondents
25.S.B. Civil Writ Petition No. 1833/2015 (17 of 29) [ CW-1494/2015] Smt.Birdi wife of late Shri Laxmi Narayan, aged about 54 years, resident of Room No. House No.,42/22 Swarn Path Manasarover, Jaipur.
........Petitioner Versus
1. Rajasthan Housing Board through Chairman, Janpath, Jaipur.
2. State of Rajasthan through Principal, Misnistry of Housing and Urban Development, Governmet of Rajasthan, Secretariat, Jaipur.
......Respondents
26.S.B. Civil Writ Petition No. 2147/2015 Ramanand Yadav Son of Shri Murli Ram Yadav, Aged About 50 years, Resident of Village Bawdi, Post Shahnjapur, Tehsil Behror, Alwar.
........Petitioner Versus
1. State of RajasthanThrough Additional Chief Secretary, Department of Urban Development, Secretariat, Jaipur.
2. The Principal Secretary, Cabinet Secretariat, Government of Rajasthan, Secretariat, Jaipur.
3. The Rajasthan Housing Board through its Commissioner, Jyoti Nagar, Jaipur.
4. Deputy Housing Commissioner, Circle-III, Rajasthan Housing Board, JLN Marg, Jaipur.
(18 of 29) [ CW-1494/2015] .......Respondents
27.S.B. Civil Writ Petition No. 2823/2015 Shrinivas Meena S/o Late Capt. Chuttan Lal Meena, aged about 53 years, resident of Naya Bas, Alwar (Raj.) ........Petitioner Versus
1. Rajasthan Housing Board through Housing Commissioner, Awas Bhawan, Jan Path, Jyoti Nagar, Jaipur (Raj.)
2. The Secretary, Rajasthan Housing Board, Awas Bhawan, Jan Path, Jyoti Nagar, Jaipur (Raj.) .......Respondents
28.S.B. Civil Writ Petition No. 2920/2015 Lalita Devi wife Shri Ganesh Narain, aged about 65 years, by caste Brahmin, resident of 1471, Fourth Crossing, Khejron Ka Rasta, Chandpole Bazar, Jaipur (Raj.) ........Petitioner Versus
1. State of Rajasthan through Pr. Secretary to the Government, UDH Department, Government of Rajasthan, Government Secretariat, Jaipur (Raj.)
2. Rajasthan Housing Board, Jan Path, Jaipur (Raj.) through its Commissioner.
(19 of 29) [ CW-1494/2015]
3. Dy. Housing Commissioner, Rajasthan Housing Board, Circle- I, Sanganer, Jaipur (Raj.) .........Respondents
29.S.B. Civil Writ Petition No. 2966/2015 Sharda Soni Wife of Shri Rajendra Kumar Soni, by caste Soni, Aged About 58 years, resident of A-26, Mahesh Nagar, Tonk Phatak, Jaipur- 302015.
.......Petitioner.
Versus
1. State of Rajasthan through Principal Secretary, Government Of Rajasthan, Department of Housing & Urban Development, Government Secretariat, Jaipur.
2. Joint Secratary-II, Department of Housing & Urban Development (UDH), Govt. Of Rajasthan, Govt. Secretariat, Jaipur.
3. Rajasthan Housing Board through its Secretary/Chairman, Bhagwan Das Road, Janpath, Jaipur.
4. Dy. Housing Commissioner, Rajasthan Housing Board, Jaipur Circle-II, RHB, Mansarovar, Jaipur.
.......Respondents
30.S.B. Civil Writ Petition No. 3004/2015 Safikuddin @ Sharifuddin aged about 43 years son of Shri Zahiruddin by caste- Musalman, resident Nearby Kailash Talkies, Ward no.9, Chokidar Mohalla, Gangapur City, District- Sawai Madhopur.
(20 of 29) [ CW-1494/2015] ......Petitioner Versus
1. State of Rajasthan through Principal Secretary, Urban Development and Housing Department, Govt. Secretariat, Jaipur.
2. Rajasthan Housing Board, Janpath, Jyoti Nagar, Jaipur through its Commissioner.
3. Chief Estate Manager, Rajasthan Housing Board, Janpath, Jyoti Nagar, Jaipur.
......Respondents
31.S.B.CIVIL WRIT PETITION NO. 3526/2015 Col. Birju Singh Rathor S/o Late Shri Bajrang Singh Rathore, aged about 59 years, Presently resident of 21, Sukhija Vihar, Sirsi Road, P.O. Vill. Sirsi, Jaipur (Raj.) Pin- 302012, Presently working as Zila Sainik Kalyan Adhikari, Kota (Raj.) Pin 324001 .....Petitioner Versus
1. Rajasthan Housing Board, Jyoti Nagar, Jaipur through its commissioner
2. Estate Manager Circle-III, Rajasthan Housing Board, Jaipur.
.....Respondents
32.S.B. CIVIL WRIT PETITION NO. 11399/2015 Kishan Singh S/o Shri Khadag Singh, aged about 60 years, by caste Rajput, R/o A-31, Ambedkar Nagar, Ravji Ka Bagh, (21 of 29) [ CW-1494/2015] Kartarpura, Jaipur (Raj.) through power of attorney holder Shri Vijendra Singh S/o Shakti Singh, aged about 32 years, by caste Rajput, R/o 113/247, Pratap Nagar, Sanganer, Jaipur.
.....Petitioner Versus
1. State of Rajasthan through Secretary Urban Development and Housing Department, Secretariat, Jaipur.
2. Joint Secretary 2, Urban Development and Housing Department, Secretariat, Jaipur.
3. Deputy Commissioner Rajasthan Housing Board, Circle 2, Janpath, Jaipur
4. Assistant Commissioner (Registration) Jaipur, Circle 2, Rajasthan Housing Board, Mansarovar Jaipur.
5. Estate Manager, Circle-II, Jaipur Rajasthan Housing Board, Mansarovar, Jaipur.
......Respondents
33.S.B.CIVIL WRIT PETITION NO. 11401/2015 Govardhan Lal Vyas S/o Shri Balkishan Vyas, aged about 75 years, by caste Brahmin, R/o 2-J-6 Jawahar Nagar Jaipur (Raj.) through Power of attorney holder Deepak Singal S/o Hemchand Singal, Age 35 year, by caste Mahajan, R/o Dehra Road, Katra Nadbai Dist: Bharatpur.
......Petitioner Versus (22 of 29) [ CW-1494/2015]
1. State of Rajasthan through Secretary Urban Development and Housing Department, Secretariat, Jaipur
2. Deputy Commissioner Rajasthan Housing Board, Circle 2, Janpath, Jaipur
3. Assistant Commissioner (Registration) Jaipur, Circle 2, Rajasthan Housing Board, Mansarowar Jaipur.
.....Respondents
34.S.B. CIVIL WRIT PETITION NO. 11402/2015 Smt. B. Gauri W/o Shri P.N. Bhaskar, aged about 55 years, by caste Charichain, R/o T.V. Senitorium, Jaipur (Raj.) through power of attorney holder Shri Vijendra Singh S/o Shakti Singh, aged about 32 years, by caste Rajput, R/o 113/247, Pratap Nagar, Sanganer, Jaipur.
......Petitioner Versus
1. State of Rajasthan through Secretary Urban Development and Housing Department, Secretariat, Jaipur.
2. Joint Secretary 2, Urban Development and Housing Department, Secretariat, Jaipur.
3. Deputy Commissioner Rajasthan Housing Board, Circle 2, Janpath, Jaipur
4. Assistant Commissioner (Registration) Jaipur, Circle 2, Rajasthan Housing Board, Mansarovar Jaipur.
5. Estate Manager, Circle -II, Jaipur Rajasthan Housing Board, Mansarovar, Jaipur.
(23 of 29) [ CW-1494/2015] ......Respondents
35.S.B. CIVIL WRIT PETITION NO. 1548/2016 Smt. Prasoon Hada aged about 53 years wife of Late Shri Narendra Singh Rathore, by caste- Rajput, resident of A-6, Naya Kheda, Rathore House, Rathore Marg, Vivekanand Colony, Ambabari, Jaipur.
......Petitioner VERSUS
1. State of Rajasthan through Principal Secretary, Urban Development and Housing Department, Govt. Secretariat, Jaipur.
2. Rajasthan Housing Board, Janpath, Jyoti Nagar, Jaipur through its Commissioner.
3. Chief Estate Manager, Rajasthan Housing Board, Janpath, Jyoti Nagar, Jaipur.
.....Respondents _____________________________________________________ For Petitioner(s) : Mr Jinesh Jain Mr Shobhit Tiwari Mr LL Gupta Mr Pradeep Asthana Mr Dharmendra Kumar for Mr Kapil Gupta Mr Sanjay Joshi Mr BL Sazni Mr Iliyas Khan for Mr Tanveer Ahmed Mr Naveen Verma for Mr Dinesh Yadav Mr Sanjay Singhal (24 of 29) [ CW-1494/2015] For Respondent(s) : Mr JM Saxena, Additional Advocate General with Ms Charu Jain and Mr Kshitiz Sharma Mr Anuroop Singhi Mr Saurabh Jain Mr Deendayan Sharma, Dy GC Mr PC Sharma Mr RK Paliwal for Mr RA Katta Mr Prateek Sharma Mr VP Mathur Mr Udit Purohit Mr Nitesh Bagri Mr Amit Lubhaya _____________________________________________________ HON'BLE MR. JUSTICE M.N. BHANDARI Judgment 15/02/2017 With consent of the parties, the bunch of writ petitions has been heard finally.
The petitioners submitted application for allotment of plot/house/flat/ skeleton house with the Rajasthan Housing Board (for short 'the Board'). They were given registration number and, in few cases, even information about allotment on remaining successful in the lottery. The registration/ allotment of plot/ house/ flat/ skeleton house was, however, cancelled subsequently for want of 'Know Your Customer' (for short 'KYC') or default in deposition of seed money. On furnishing the KYC or the required amount, their registration/ allotment was restored. The Board (25 of 29) [ CW-1494/2015] thereafter passed another order for cancellation of registration/ allotment in few cases and similar order could not be passed in other cases due to interim order of this court.
The cancellation of registration/ allotment is precisely in reference to Cabinet decision. The restoration of registration and allotment of plot etc. prior to six months to the elections held on 1.12.2013 were ordered to be cancelled and, pursuant to the Cabinet decision, Rajasthan Housing Board passed order for cancellation of registration/ allotment in many cases. The similar order could not be passed in other cases due to interim order of this court.
It is submitted that the Cabinet cannot give direction to the Board for cancellation of registration/ allotment so revived in exercise of the powers conferred under the Rajasthan Housing Board Act. It is further submitted that if State Government can give direction, it could have been to re-consider the cases where revival of registration/ allotment of plot/ house/ flat/ skeleton house etc has been made contrary to the policy. In view of above also, impugned order of cancellation of registration/ allotment of the house/ flat/ skeleton/ plot deserves to be set aside so as the decision of the Cabinet. The Cabinet decision could have been taken on political grounds. It is more so when cancellation of registration/ allotment was made on petty issues like; for want of KYC or delay/ default in payment of seed money etc thus Board (26 of 29) [ CW-1494/2015] took proper decision to revive all such registrations/ allotments earlier cancelled. Hence, registration/ allotment of plot/ house/ flat/ skeleton house may be maintained.
Learned Additional Advocate General Mr JM Saxena has opposed the petitions. It is submitted that revival of registration/ allotment of plot/ flat/ house etc was made before Assembly elections and otherwise contrary to the policy framed by the Board on 6.8.2009 and 28.8.2012. As per the policy dated 28.8.2012, revival of registration/ allotment plot/ flat/ house/ skeleton house can be made if covered by paras 1 to 5. In para 6, discretion has been given to the Chairman of the Board but while reviving registration/ allotment of the plot/ house/ flat/ skeleton house, no reason has been recorded by the Chairman thus matter was taken up by the Cabinet. After proper scrutiny, a cautious decision was taken to direct for cancellation. The Board cancelled registration/ allotment of the house/ flat etc. earlier revived for the reasons given above. A detailed chart has been prepared and, after making scrutiny of each case, impugned order was passed for cancellation of registration and allotment of plot/ flat etc. Accordingly, this court may not interfere in the impugned order. It is felt that the Cabinet decision has been applied in all the cases despite covered by the circular dated 28.8.2012 or there are cases where justified reasons for revival exist, then, it may be remanded to the Housing Board. It would make scrutiny again, that too, after providing an opportunity of hearing to the petitioners. If a (27 of 29) [ CW-1494/2015] case is found covered by the circular dated 28.8.2012 or 6.8.2009 then appropriate order would be passed and, otherwise, Chairman of the Board may also exercise its power in an appropriate case.
I have considered the submissions of the parties and perused the record.
The Rajasthan Housing Board called applications for allotment of plot/ house/ flat/ skeleton etc. The petitioners submitted applications. They were registered and, in few cases, even information for allotment was also conveyed. The allotments or registration were cancelled subsequently. It was revived, however, it has again been cancelled in few cases and it could not be done in other cases due to interim order of this court. The Cabinet took a decision and directed Housing Board to cancel all the registrations/ allotments revived within six months prior to Assembly elections. In pursuance to the direction of the Cabinet, registration/ allotment of plot/flat etc, so revived, were cancelled.
I find that scrutiny of each case to see whether it is covered by the circular issued by the Board or there are deserving cases where revival/ restoration of registration/ allotment can be made by the Chairman of the Board in exercise of the powers, has not been made. The opportunity of hearing to the petitioners was also not given. When the registration/ allotment of house/ (28 of 29) [ CW-1494/2015] plot etc was revived then the Board was expected to provide an opportunity of hearing to the petitioner before a decision is taken adverse to them.
In view of above, these writ petitions are disposed of with remand of the case. The matter is sent back to the Rajasthan Housing Board to consider each case. It would be in reference to the circular dated 6.8.2009 and 28.8.2012 and if it is covered by it, then the Board would be expected to maintain registration/ allotment of house/ flat/ plot/ skeleton house unless there are strong reasons to deny it and, accordingly, they would withdraw the order. The other cases would be considered in the light of the power of the Chairman of the Board and, if it is found that cancellation was made only on petty issues, the Board would be expected to take proper decision to avoid discrimination. While considering the cases, period in between earlier cancellation and revival would also be taken note of. The decision aforesaid would be taken after providing an opportunity of hearing to the petitioner/s. If deserving case is not found for revival/ restoration of registration/ allotment, then Board would pass a speaking order. The petitioners would then be at liberty to take legal recourse as per law. It is, however, made clear that till fresh order is passed in favour or adverse to the petitioner/s, the house/ flat/ plot/ skeleton house for which allotment has been made or registration was given to the petitioners, would not be alienated, rather, the position, as is obtaining on the date of passing of the (29 of 29) [ CW-1494/2015] interim order and the present status would be maintained by the respondent-Housing Board.
With the aforesaid directions/ observations, all the writ petitions are disposed of.
In view of disposal of all the writ petitions, all the applications stand disposed of.
A copy of this judgment be placed in each connected file.
(M.N. BHANDARI)J. bnsharma