SANGEET LODHA,J. - (1.) THESE intra-court appeals are directed against order dated 4.6.12 of learned Single Judge of this court, whereby two writ petitions preferred by the appellant; one seeking direction to the respondent- Municipal Board, Nagaur ('the Board") for executing lease deed in favour of the appellant of the disputed land for construction of Cinema Hall and another questioning the Notice Inviting Tender(NIT) dated 10.5.11 issued by the respondent-Board for award of contract of various constructions to be raised for establishing Ecological Park & Water Pond Project on the said land, stand dismissed.
(2.) THE Special Appeal No.789/12 filed by the appellant is time barred by 3 days, however, it is not accompanied by an application u/s 5 of Limitation Act and therefore, it deserves to be dismissed as barred by limitation. The Special Appeal No.755/12 is time barred by 2 days, which is accompanied by an application(IA No.11/12) u/s 5 of the Limitation Act. The application is not opposed by the counsel appearing for the caveator-respondent. For the reasons stated in the application, we are satisfied that the appellant was prevented from filing the appeal within limitation for sufficient cause. Accordingly, the application (IA No.11/12) is allowed. The delay in filing the appeal is condoned. Since, both the Special Appeals arise out of a common order passed by the learned Single Judge and therefore, the same were taken up for consideration together and are being disposed of by this common judgment.
(3.) THE brief facts of the case are that the respondent-Board issued a public notice dated 12.4.84 inviting tenders for letting out the land situated near Makan Gate, in the east of Nangani Piao, Nagaur ('disputed land') on annual rent for a period of 15 years. The appellant quoted market value of the disputed land as Rs.2.80 lacs and accordingly, offered annual rent @ Rs.2,800.00 per annum. As per the notice issued, the allotment of the disputed land was subject to sanction by the Deputy Town Planner. Admittedly, the Senior Town Planner, Bikaner Zone, Bikaner granted sanction vide communication dated 10.9.84 inter alia in terms that the sale of the disputed land shall be made in conformity with the provisions of Rajasthan Municipalities (Disposal of Urban Lands) Rules, 1974('Rules of 1974'). Since, the disputed land was being allotted for construction of Cinema therefore, the matter was sent to the State Government for approval. Thereafter, no further steps were taken either by the Municipal Board, the State Government or by the appellant for more than 13 years. However, at a belated stage, vide communication dated 24.2.97, the respondent-Board sent the matter to the Director, Local Bodies, for approval and in response thereto, the Director specifically conveyed that the disputed land could be disposed of in terms of Rule 15(3) of the Rules of 1974.;