AR.LAKSHMANAN, C.J. - (1.) This appeal is directed against the order passed by B. J. Shethna, J. dated 6-10-99 in S.B. Civil Writ Petition No. 3556/97, dismissing the writ petition on the ground that the right of the appellant petitioner, much less fundamental right guaranteed under the Constitution has not been infringed by the Urban Improvement Trust, Jodhpur in allotting the land to the second respondent Sri Nakora Parshwanath Jain Mahavidyalaya, Jodhpur. The appellant filed the writ petition on the following prayers : 1. By an appropriate writ, order or direction - I/a. Resolution of the Urban Improvement Trust dated 24-4-1995 (Annex. 11) and the order of allotment dated 12-10-95 (Ann. 12) allotting land to the Respondent Nakoda Parashwanath Jain Mahavidyalaya and consequential Licence issued to the said Mahavidyalaya be declared to be invalid and quashed. I/b. Respondent Urban Improvement Trust may further be directed to allot the residue 10,200 sqm. of the land out of the plot in question to the petitioner." II. Any other appropriate writ, order or direction as may be considered proper in the facts and circumstances of the case may kindly be made. III. Cost of the writ petition be awarded to the petitioner."
(2.) The prayers are two-fold. Prayer 1/a is to quash the resolution of the Urban Improvement Trust (in short UIT) dated 27-4-1995 and the order of allotment dated 12-10-1995 allotting the land to the second respondent. Prayer 1/b is for a mandamus directing the allotment of the residue 10.200 sqm. of the land out of the plot in question to the appellant.
(3.) The appellant earlier filed the writ petition in S. B. Civil Writ Petition No. 1672/96 which was withdrawn with the permission of the Court. According to the appellant and allotment has been made in a most secret manner and despite the fact that the appellant has sought allotment of 10,200 sq. mts. of the land since allotted to the second respondent school, the appellant Society runs a school under the name and style of St. Anne's School. It is their case that 20,506 sq. yards is reserved for the purpose of Higher Secondary School in Saraswati Nagar in the master plan of Jodhpur as also in the Saraswati Nagar Scheme, Jodhpur. The petitioner applied for allotment of the said piece of land. The first respondent UIT allotted half of the plot comprising 10,253 sq. yards vide order dated 9-1-1992. The appellant deposited a sum of Rs. 6,34,375/- with the first respondent and the appellant had also constructed a building and is running a school having classes from 1st to 12th apart from a model laboratory and a model Computer Centre. On 6-1-93 a request was made to the UIT that the whole of plot of 20,000 sq. meters earmarked in the plan for Senior Higher Secondary School be allotted to them instead of half allotted to the appellant. A letter of request was also addressed by the President to the Hon'ble Chief Minister on 21-7-94 which was also responded by the Chief Minister vide his letter dated 14-8-94 (Annexure 4). The appellant also made representation on 30-8-94, 14-11-94, 7-12-95, 6-12-95 and 15-5-96 to various authorities. In the meanwhile the petitioner came to know about the allotment made to the second respondent school which was disclosed for the first time by way of reply to the writ petition. The appellant applied for a certified copy of the resolution of allotment and thereafter filed the present writ petition for the prayers asked for.;