Alok Sharma, J. - (1.) THE matter comes up on an application under Article 226(3) of the Constitution of India for vacating the interim order dated 7 -4 -2012 passed by this court directing that if the petitioner were to deposit Rs. 25 lacs with the Rajasthan State Industrial Development and Investment Corporation (hereinafter 'RIICO') within one month of passing of the interim order, RIICO would be restrained from allotting the plots earmarked for Information Technology & Bio Technology (ITBT) as detailed in the writ petition.
(2.) SINCE the disposal of the application for vacating the ex -parte ad interim order dated 7 -4 -2012 would entail arguments on the merit of the writ petition itself, final arguments have been heard and the writ petition itself is being disposed of. This petition has been filed fundamentally against the rejection letter dated 25 -7 -2013 under the hand of Senior Regional Manager, RIICO informing the petitioner that his application dated 22 -7 -2013 for allotment of 15,200 sq. meter land in Bio Tech park, Sitapura Phase -III was being returned along with the original cheque for Rs. 39,52,000/ - on the ground that "presently allotment" in Bio Tech park, Sitapura Phase -III were being made through inviting Expressions of Interest. The petitioner has also effectively challenged the reserve price of plots in Bio Tech park, Sitapura Phase -III fixed at the rate of Rs. 5,500/ - per sq. meter as against about Rs. 1000/ - per sq. meter and further sought direction that the plots should not be allotted on the basis of invitation of Expressions of Interest but on "first Come First Serve" basis (hereinafter "FCFS").
(3.) THE case of the petitioner is that the mode of allotment of plots for bio tech industries in Bio Tech park, Sitapura Phase -III, RIICO's industrial area was determined by the Infrastructure Development Committee (IDC) on 11 -3 -2005. It has been submitted that IDC of the RIICO has been conferred powers subject to the provisions of Companies Act, Memorandum and Articles of Association of the Corporation and over -all supervision, control, directions of the Board of Directors of the Corporation to review the progress of Industrial Areas/Estates; to select areas for development of industrial Areas/Estates; to decide on the acquisition of land for industrial areas; to approve area -wise plans for development of industrial areas and construction of sheds; to approve terms and conditions of allotment of plots and sheds in the industrial areas/estates as per directions or he Managing Director; to approve the lay out of various industrial areas and dimensions of various types of sheds as per directions of the Managing Director; to approve amendment in the RIICO Disposal of Land Rules; to decide and approve all related matters with the development of infrastructure in the industrial areas of the Corporation (including transferred areas from the State Government) viz. allotment of land, sanction of funds for the development and maintenance of industrial areas, conversion of industrial land for residential/commercial use, conversion of open land into the industrial land etc.; to decide all the incidental/allied matters arising out of the implementation of the above functions; to sub -delegate any of the above functions to any other Committee/Sub -Committee of the Board or to any Director/Officer/Committee of Officers of the Corporation; to reduce/relax the rates, rules, terms and conditions decided/framed with regard to all the functions mentioned above.;