Alok Sharma, J. - (1.) THIS petition has been filed challenging the order dated 12.01.2012, passed by the Director, Department of Local Self Government, Jaipur whereby on reconsideration of the petitioner's application for revival of the allotment of two plots i.e. E -60 and E -65 each measuring 10X10 ft. (which had been earlier allotted and subsequently cancelled) has been dismissed. The facts of the case are that vide notice dated 01.11.1983, the Executive Officer, Municipal Board, Bundi informed the petitioner's father Moti Lal (now deceased) that he had been allotted plot Nos. E -60 and E -65 ad measuring 10X10 ft. through lottery system on 22.10.1983 and payment of Rs. 7,500/ - had to be made in respect of each allotted plots. As the petitioner has already deposited Rs. 2,500/ - each for the allotted plots, he was required to deposit a further amount of Rs. 5,000/ - in respect of the plots within a period of 30 days failing which the allotment made to the petitioner's father was liable to be cancelled. It appears that the petitioner's father was not satisfied with the sitement of the plots allotted and requested the Municipal Board, Bundi to change the sitement to suit his requirements. Instead of complying with the orders of allotment dated 22.10.1983 and make requisite outstanding payments, Moti Lal the allottee now deceased and herein represented by his Son Ram Swaroop Chouhan laid a civil suit for permanent injunction against the Municipal Board, Bundi on 21.12.1983. The said suit however abated under the order of the concerned civil court on 03.05.1994 due to Moti Lal having expired and his LRs not having brought on record within time. An appeal against the order of dismissal of the suit dated 03.05.1994 filed by the petitioner was also dismissed on 21.02.1998.
(2.) AFTER dismissal of the civil misc. appeal, the petitioner approached the Municipal Board, Bundi as well as the Director, Department of Local Self Government as also the Additional Director, Department of Local Self Government who appear to have vide letter dated 10.11.1998 required the Municipal Board, Bundi to reconsider the re -allotment of plots earlier cancelled to the petitioner. The Municipal Board, Bundi however did not think it proper to take any action for revival/re -allotment of the plots already cancelled on failure of the petitioner's father to comply with the condition of the allotment order dated 22.10.1983 and ultimately no action was taken. Thereupon, the petitioner filed a writ petition No. 9982/2010 before this Court. The said writ petition was disposed of by this Court under its order dated 28.07.2010 with a direction to the respondent No. 1, Director, Department of Local Self Government to decide the application of the petitioner on the revival of the cancelled plots within a period of one month. In pursuance to the order dated 28.07.2010 passed by this Court in SBCWP No. 9982/2010, the matter was considered by the Director, Department of Local Self Government and the application for revival of allotment of plot Nos. E -60 and E -65 or allotment of two alternate plots of similar size in lieu thereof has been dismissed by his order dated 12.02.2012.
(3.) HEARD the counsel for the petitioner and perused the impugned order as also the writ petition.;