DUNGAR DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) DUNGAR Das a harijan by caste has filed this petition under Article 227 of the Constitution of India, seeking issuance of writ in the nature of certiorari so as to quash order Annexure-9 dated 17. 2. 1992 passed by Municipal Council, Barmer vide which, the petitioner has been alloted a plot at Mahaveer Nagar on current market price.

(2.) THE bare minimum fact, on which the relief aforesaid is sought to rest reveal that a plot bearing No. AH-4 was allotted to the petitioner on concessional rate by Municipal Board, Barmer in the month of January, 1976. THE petitioner deposited amount of Rs. 140/- on 24. 01. 1976 evidenced through receipt Annexure-1. THE possession of this plot however could not be given to the petitioner on the ground that there was some dispute going on in the court, wherein injunction was also granted regarding the said plot. After a lapse of as many as six years vide communication dated 17. 7. 1982, petitioner was called upon to state as to whether he was interested to get the plot and in case he was not interested then he should submit an affidavit. THE petitioner submitted his affidavit and another plot DA-31 was alloted to him vide order dated 6. 10. 1983. THE possession of this plot too could also not be given to the petitioner for one reason or the other. Constrained in the facts of the case as mentioned the petitioner kept on approaching the respondents and ultimately the respondent Board vide its communication dated 8. 4. 1991 asked the petitioner to give his consent for allotment of another plot in Mahaveer Nagar bearing No. DD-24 which was to be on deposit of market value determined at Rs. 20,276. 50. THE petitioner made a representation to the respondent Board on 23. 4. 1991 pointing out that since the land was alloted to him in the year 1976 the value of plot of Mahaveer Nagar should be taken as of 1976. He also approached the Public Grievance Committee, Barmer and the said committee in its meeting dated 29. 6. 1991 resolved that the petitioner should be given alternative plot on the rates prevailing in the year in which he deposited the amount. THE petitioner then submitted a representation to the respondent Board on 20. 7. 1991 reiterating his request for allotment of plot on the rates prevailing in the year 1976. THE respondent Board however instead of giving allotment and getting the amount on the basis of rates of 1976 ordered on 17. 2. 1992 that the petitioner should deposit sum of Rs. 40,833/- which would be current market value of the plot that could be alloted to him. It is this order which has been challenged with the further prayer that the petitioner be alloted the same plot, but on the market price as prevalent in the year 1976.

(3.) I have heard learned counsel appearing for the parties and with their assistance, examined records of the case.