JUDGEMENT
VIJAY BISHNOI, J. -
(1.) This writ petition has been filed on behalf of the petitioners being aggrieved with the order dated 26.11.2020 passed by the Commissioner, Devasthan, Rajasthan, Udaipur whereby the allotment of the shops to the petitioners and other shopkeepers in the mela compound of Gogaji Gogamedi has been extended upto 31.12.2020. The petitioners have also prayed that the respondents may be restrained from starting new allotment process of the shop in the said mela compound and to give them extra time to vacate the shops and the rent for the period of three months may kindly be returned to the petitioners.
(2.) Brief facts of the case are that the petitioners and other shopkeepers were allotted land to establish shops for a period of eleven months in the mela compound of the Gogaji Gogamedi by the respondent- Devasthan Department through auction proceedings. After the expiry of eleven months, the Devsthan Department has issued notices to the petitioners and other similarly situated shopkeepers for vacating the premises allotted to them. Some of the shopkeepers have approached this Court by way of writ petition No.10682/2020 and this Court has disposed of the said writ petition vide order dated 21.10.2020. The operative portion of the order dated 21.10.2020 reads as under:
'Having heard learned counsel for the petitioners and after going through the material available on record, this Court is of the opinion that the respondents are required to consider the request of the petitioners either to refund their deposited amount or to allow them to continue their business for quite more months because it is an admitted position that on account of lock-down period in the entire country and due to ongoing pandemic situation, the business of the petitioners is seriously affected.
In such circumstances, this writ petition is disposed of with a direction to the competent authority of the Devasthan Department to consider the request of the petitioners either to refund the amount deposited by them pursuant to the auction proceedings or to extend their allotment for few more months.
The respondent - Devasthan Department shall take decision in this matter within a period of four weeks from the date of production of certified copy of this order. It is also directed that till any final decision is taken by the respondent - Devasthan Department in the matter, the shopkeepers, to whom the lands were allotted by the Devasthan Department to establish shops for a period of 11 months in the mela compound of Gogaji Gogamedi shall not be evicted.'
(3.) Pursuant to the order passed by this Court, the Commissioner Devasthan, Udaipur, vide order dated 26.11.2020 has decided that the alltoment of the land to the shopkeepers for establishing shops be extended upto 31.12.2020. Admittedly, the petitioners and other similarly situated shopkeepers were asked to vacate the premises by 31.12.2020.;
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