SHARMA, J. - (1.) CORE question that arises for consideration in the instant writ petition is as to whether the State or its instrumentality will be relieved from its obligation to act fairly and justly, if the dispute falls within the domain of contractual obligation?
(2.) THIS writ petition has been filed by the petitioner seeking quashing of the notice published on Feb. 27, 1987 in Rajasthan Patrika and the order dated June 7, 1988 as well as the resolution held in the meeting dated May 22, 1986 whereby the plot in question was cancelled. Prayer has also been made to restore the allotment of the plot in question to the petitioner and restrain the Municipal Corporation from auctioning or reallotting the said plot to any other person. The undisputed facts required to be noticed at the outset are that the Jaipur Development Authority (for short the JDA) vide allotment letter dated July 21, 1984 allotted Plot No. 8 in question to the petitioner. Pursuant to the allotment letter the petitioner deposited a sum of Rs. 28,441/- on July 23, 1984 with the JDA towards the allotment price of the said plot. Thereafter vide letter dated September 5, 1984 the JDA directed the petitioner to deposit an additional sum of Rs. 489. 60 towards Nazrana price of additional land measuring 1. 53 sq. yds. and the petitioner deposited the same. In view of the letter dated September 13, 1984 the petitioner came into possession over the said plot and constructed boundary wall. The petitioner vide application No. 496 dated July 30, 1985 submitted the plans to JDA seeking sanction to make constructions over the said plot. The JDA vide letter dated November 20, 1985 informed that in case the petitioner intends to raise construction she will have to pay the Nazrana at the prevalent commercial rates and further an additional land of 36. 97 sq. meters will also have to be taken by the petitioner in the said price. The petitioner declined to raise commercial construction and wrote to JDA that she wanted to take back the plans. The JDA returned the plan vide letter dated January 7, 1986. The JDA thereafter on February 28, 1986 asked the petitioner that since the petitioner intended to use the said plot for commercial purposes therefore why the said plot should not be regularised on payment of the commercial rates. Similar letter was also issued by the JDA on April 4, 1986. The petitioner then submitted representation to the Commissioner JDA On May 4, 1986. The JDA vide letter dated June 7, 1986 informed the petitioner the allotment made in favour of the petitioner in respect of the said plot was cancelled in view of the decision taken in the meeting held on May 22, 1986.
(3.) IN the month of July 1986 the employees of the JDA came in a gang and threatened the petitioner to dispossess her from the said plot and demolish the boundary wall constructed by the petitioner. The petitioner was forced to file a civil suit for perpetual injunction in the court of M. J. M. (East) Jaipur City. A notice thereafter came to be published on January 27, 1987 in Rajasthan Patrika wherein it was stated that the said plot measuring 90. 33 sq. yards which was allotted to the petitioner stood cancelled. During the pendency of the writ petition the plot in question came to be transferred to the Municipal Corporation Jaipur therefore Municipal Corporation Jaipur was impleaded as respondent No. 2. ;