- (1.) Instant intra-court appeal has been jointly filed by seven appellants against the order & judgment passed by the ld.Single Judge dt.05.07.2013 directing State Authorities including Jaipur Development Authority to allot plots to such of the writ petitioners who not only remained successful in the draw of lottery but also deposited the amount pursuant to the demand letter issued to them. At the same time, the ld.Single Judge further directed the respondents to consider the cases of other category of writ petitioners who had deposited registration fee and paid the amount in part pursuant to the draw of lottery and demand letter & in respect of such of the writ petitioners the respondents may consider their case and take a sympathetic view for the second category of writ petitioners at the earliest but in any case not later than three months. At the same time, the ld.Single Judge further observed that the order dt.21.06.2012 issued under the signatures of the Principal Secretary, Department of Urban & Housing (UDH), cannot be given effect to as it has not been expressed in the name of HE the Governor, as mandated by Art.166(1) of the Constitution. However, liberty was granted for passing fresh order after due compliance of R.11 of the Rules of Business so as Art.166(1) of the Constitution, with certain other directions but that are not so material for the present purpose.
(2.) The appeal has been filed by the appellants, who were not party in the pending proceedings before the ld.Single Judge, assailing the judgment of the ld.Single Judge dt.05.07.2013 primarily on the premise that their rights are adversely affected by the judgment of the ld.Single Judge to the extent that they are also similarly situated persons like such of the writ petitioners who are referred to in para-1 of the directions issued under the judgment impugned dt.05.07.2013, as it has been confined to the writ petitioners alone and on parity seeking their inclusion in para-1 of the directions under judgment impugned.
(3.) Along with the present appeal, the appellants have also filed an application seeking leave of this court to file special appeal against the impugned judgment dt.05.07.2013.;