DEVELOPMENT EXCELLENCE FOUNDATION Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2020-7-130
HIGH COURT OF RAJASTHAN
Decided on July 08,2020

Development Excellence Foundation Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

- (1.) The petitioner-institution by way of this writ petition has prayed as under:- "It is, therefore, prayed that by an appropriate, writ, order or direction, the respondents be directed to take a positive decision on the application dated 04.07.2011 and reminder dated 05.12.2019 seeking allotment of land measuring (a) 5.20 Hectares out of Khasra No.1930/309 measuring 6.74 Hectares; (b)1.60 Hectares out of Khasra No.306 measuring 1.30 Hectares and 1.60 Hectares out of Khasra No.346 measuring 2.78 Hectares; and (c) 0.52 Hectares out of Khasra No.309/2 (New Khasra No.1931/309) measuring 0.80 Hectares, in all totaling 8.62 Hectares, situated at Tehsil and District Sikar within a period of one month. In alternative, the respondents be directed to allot land measuring (a) 5.20 Hectares out of Khasra No.1930/309 measuring 6.74 Hectares; (b)1.60 Hectares out of Khasra No.306 measuring 1.30 Hectares and 1.60 Hectares of land out of Khasra No.346 measuring 2.78 Hectares; and (c) 0.52 Hectares out of Khasra No.309/2 (New Khasra No.1931/309) measuring 0.80 Hectares, in all totaling 8.62 Hectares, situated at Tehsil and District Sikar. Such other order which the Hon'ble Court deems fit and proper in the facts and circumstances of the case be passed in favour of petitioner."
(2.) Learned Senior counsel for the petitioner-institution submits that the petitioner has established an Excellence Girls School in Sikar and the mission of the petitioner is to establish the larger school to bring girls from economic backward section and provide them education. At present, there are 1500 girl students in the petitioner-institution and college. They have moved an application for seeking allotment of land for the purpose of development of their institution and the Collector had also recommended the same but the decision on the same has not been taken finally and therefore this court ought to direct the respondents to allot the said land as prayed and noticed above.
(3.) Learned Senior Counsel has invited attention to the provisions of Section 73 of the Rajasthan Municipalities Act, 2009 (hereinafter referred to as "the Act of 2009") relating to transfer of property and contracts which empower Municipality to lease, sell, regularize, allot or otherwise transfer any movable or immovable property belonging to it and submits that the Municipality ought to act in accordance thereto.;


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