JATINDER SINGH CHHABRA Vs. COMMISSIONER
LAWS(RAJ)-2020-7-199
HIGH COURT OF RAJASTHAN
Decided on July 23,2020

Jatinder Singh Chhabra Appellant
VERSUS
COMMISSIONER Respondents

JUDGEMENT

- (1.) Both the counsels are agreed that the controversy raised in the present petition stands covered by the judgment passed by the Coordinate Bench of this court in Deen Dayal Gupta V/s State of Rajasthan & Ors., SB Civil Writ Petition No.1494/2015 along with connected writ petitions, decided vide order dated 15th February, 2017 wherein this court passed the following order: "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 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."
(2.) I have considered the contentions raised and satisfied that the issue is similar to same as what has been decided hereinabove. In view thereof, the aforesaid directions shall apply mutatis mutandis on the petitioner.
(3.) The writ petition stands disposed of.;


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