Amitava Roy, J. - (1.) THESE appeals arise out of the judgment and order dated 11.10.2012 in the corresponding writ proceedings involving identical issues with minimal and insignificant variation of contextual facts have been analogously heard. The present consolidated adjudication would thus, answer the challenge. We have heard Mr. R.K. Mathur, Senior Advocate assisted by Mr. Aditya Mathur learned counsel for the appellant -Director, National Capital Area Project, Mr. Umesh Shringi, learned counsel for the appellant -Murtikar Vikas Samiti and Mr. Rakesh Kumar, learned counsel for the respondents.
(2.) THE skeletal facts unavoidably essential for the present pursuit, as can be gathered from the pleadings of the parties, are that on 29.11.2004, the Government of Rajasthan made a declaration for allotment of plots of land to sculptors. The State Government thereafter, issued order No. 3(720) MVV/3/2007 dated 14.2.2008 for development of Sculptor Town Trade Plan. The Director, National Capital Area Project and the Secretary, UIT Alwar conducted survey of the land for allotment of plots and in terms of the scheme, a lottery was held on 1.3.2008, whereafter a list of 115 allottees was drawn up for allotment of plots of land as contemplated. According to the respondents/writ petitioners for the purpose of such allotments, High Level Representative Committee was constituted on 28.2.2008. On 5.3.2008 allotment orders were issued and the selectees were asked to deposit the amounts, as indicated therein within a time frame so fixed. According to the respondents/writ petitioners, they duly deposited the amounts demanded, in addition to the security amount that they had already deposited with the UIT, Alwar. As inspite of all these, the possession of the plots allotted was not handed over to the allottees, notwithstanding their persistent pleas with the UIT, Alwar, they turned to this Court for redress. The respondent No. 3, UIT Alwar, while not denying the proclamation of the Sculptures Welfare Scheme and that a Committee had been constituted to oversee the process of allotment of plots, as envisaged therein, contended that the Scheme could not be implemented, inter alia for various complaints lodged by persons asserting that though they were sculptors, their names were not included in the draw of lots and that a civil suit had also been instituted by one Ramavtar in the court of Civil Judge (Junior Division), Alwar and further, the process of lottery was not aboveboard. The UIT, Alwar however, admitted the issuance of allotment letters dated 5.3.2008 requiring the allottees to deposit the amounts, as mentioned therein, as per the schedule of payment referred thereto.
(3.) THE learned Single Judge, on a consideration of the pleaded facts and the documents on record, by the judgment and order impugned, allowed the writ proceedings observing that the attendant factual premise demonstrated concluded contracts between the writ petitioners and the UIT, Alwar rendering the inaction on the part of the latter illegal, unfair and unjust. Holding that in the attendant fact situation, UIT Alwar, as an instrumentality of the State, cannot be permitted to unilaterally withdraw from the process initiated by it and take it to its logical end, directions were issued to it to hand over possession of the plots to the writ petitioners in terms of the allotment letters dated 5.3.2008 requiring them (writ petitioners), at the same time, to strictly adhere to the payment schedule for liquidating their balance dues.;