Ajay Rastogi, J. - (1.) SINCE common question is involved in both the intra -court appeals and writ petitions decided by the ld. Single Judge by two separate orders dt. 27.08.2009 but on the same facts under consideration, hence, on the joint request made by the parties, are being disposed of by this order.
(2.) THE brief facts that culled out from the averments & record, which are relevant for our consideration, are that the respondent No. 1 is a Society registered under the Societies Registration Act, 1958 and came to be established for imparting education, running educational institutions namely Dayanand Public Senior Secondary School, Varun Path, Mansarovar, Jaipur & DAV Central School, Barf Khana, Jawahar Nagar Road, Jaipur and both are aided institutions, funded by the Government and their administration is regulated and controlled by the provisions of Rajasthan Non -Government Educational Institutions Act, 1989. The appellant i.e. Rajasthan Housing Board is being established under the State Legislation namely Rajasthan Housing Board Act, 1970 and having its regulations for disposal of properties viz., Rajasthan Housing Board (Disposal of Property) Regulations, 1971. It is alleged by the respondent No. 1, being writ petitioner that the Samiti submitted application for allotment of land in Mansarovar Scheme, Jaipur dt. 02.02.1995 in office of the appellant -Board and certain correspondence took place by the respondent No. 1 with the appellant -Board. However, the application for allotment of land in Mansarovar Scheme, Jaipur was placed before the Property Allotment Committee (in short "the PAC") in its meeting held on 26.09.1998 under the Chairmanship of Sh. B.L. Dusad and the PAC considered various applications including the application submitted by the respondent No. 1 for allotment of land. It is alleged that the PAC took decision to allot 5228 Sq. Mtrs. & 5150 Sq. Mtrs. of land in favour of Dayanand Public Senior Secondary School & Vedic Balika Mahavidhyalaya, educational institutions run by the Society (respondent No. 1) but at the same time before these decisions could be carried out & implemented, the Election Commission simultaneously declared & notified the Code of Conduct on 26.09.1998 and after the declaration of assembly polls on 26.09.1998, the decisions could not be processed and it was alleged in the petition that even after lifting of code of conduct on 04.12.1998 when no action was taken by the appellant -Board in implementing decisions of the PAC regarding allotment of respective plots to the Institutions of respondent No. 1 -Samiti, two separate petitions came to be filed by the respondent No. 1 seeking mandamus against the appellant Board for issuance of allotment letter and demand notice to the respondent No. 1 -Samiti in pursuance to decisions of the PAC dt. 26.09.1998 and delivered actual physical possession of land measuring 5228 Sq. Mtrs. & 5150 Sq. Mtrs. in Sector -3, Mansarovar, Jaipur in accordance with the provisions of Act and Regulations, 1971. The writ petitioner/respondent No. 1 suo moto sent a cheque in the name of appellant -Board without there being any letter of allotment in their favour or demand, if any raised by the appellant -Board, along with their letter dt. 17.06.2000, however, it was returned to the respondent No. 1 vide communication dt. 24.08.2000 (Ann. R -1/4).
(3.) AFTER the notices came to be served, reply was separately filed by the appellant -Board in both the writ petitions and it was specifically averred that indisputably meeting of the PAC was convened on 26.09.1998 under the Chairmanship of Sh. B.L. Dusad which considered applications for allotment of land but after declaration of dates of assembly polls simultaneously on 26.09.1998 by the Election Commission, no action was taken over such decisions and the proceedings, in totality, of the meeting held on 26.09.1998 were kept in abeyance till electoral process is over on 04.12.1998 and it is also alleged that the matter was considered in terms of directions from the Election Commission through its Chief Electoral Officer to the appellant -Board, the matter was dropped and in a subsequent PAC meeting dt. 30.04.1999, it was decided to reconsider agendas which once taken up and considered by the PAC in its earlier meeting dt. 26.09.1998 but it is evident from the record and the specific averments of fact made before the court that minutes of meeting of the PAC convened on 26.09.1998 regarding alleged allotment of land to the respondent No. 1, writ petitioner in the petition, were neither signed nor issued at any given point of time and such minutes have never seen light of the day. However, in the next PAC meeting held on 30.04.1999 in which all the agendas of the previous meeting dt. 26.09.1998 were reconsidered including the matter of allotment of land to both the institutions, it was decided that after obtaining audited accounts reports for the years 1997 -98 & 1998 -99 from both the above institutions, the matter may be placed again in the next PAC meeting. Thereafter both the cases were again placed in the PAC meeting dt. 16.12.1999 and it was decided that after obtaining complete information and required documents from both the institutions, the case may be again placed in the next PAC meeting and thereafter, the case of Dayanand Public School was again placed in the PAC meeting dt. 03.08.2000 but on account of his not providing complete information and required documents, it was decided that the matter of allotment of land to the above institutions be rejected and filed. It may also be relevant to note that apart from the dispute which the respondent No. 1 raised regarding allotment of land in Sector -3, Mansarovar, Jaipur, which at one stage was considered by the PAC in its meeting dt. 26.09.1998, the PAC in its meeting dt. 02.06.2007 allotted a land measuring 3000 Sq. Mtrs. to Dayanand Shiksha Samiti for establishing B.Ed. College in Pratap Nagar Scheme, Jaipur and allotment letter dt. 12.08.2008 demanding Rs. 1,36,81,630/ - was sent to the Institution but in spite of notices dt. 19.01.2009 & 10.09.2009 duly served on the Institution, when still in terms of the demand notices the Institution failed to deposit the aforesaid demand, the allotment of land in Pratap Nagar Scheme, Jaipur in favour of Dayanand Shiksha Samiti for establishing B.Ed. College was cancelled vide letter dt. 09.03.2010. It may also be noted that in regard to the subject land, which the respondent No. 1 demanded on the basis of so -called decision of the PAC took in its meeting dt. 26.09.1998, the PAC in its meeting dt. 14.06.2000 allotted a land measuring 5960 Sq. Mtrs. in Mansarovar, Sector -3, Jaipur to one Kundan Lal Memorial Educational Society vide its communication dt. 13.07.2000 but due to some litigation and not depositing the demand within the stipulated period, the allotment to Kundan Lal Memorial Educational Society of the land measuring 5960 Sq. Mtrs. came to be cancelled on 05.08.2010 and the subject land measuring 5958.80 Sq. Mtrs. in Mansarovar Scheme, Sector -3, Shipra Path, Jaipur came to be allotted by the PAC in its meeting dt. 21.06.2012 to respondent No. 3 -Krishna Yogashram Trust and letter of allotment -cum -demand notice dt. 27.09.2012 was sent to Krishna Yogashram Trust for depositing a total sum of Rs. 9,20,60,553/ - and, as informed to this court, the full & final amount, in terms of demand notice, was deposited by Krishna Yogashram Trust (respondent No. 3) and physical possession of the institutional plot measuring 5958.50 Sq. Mtrs. has been handed over to the respondent No. 3 -Trust by the appellant -Board on 11.02.2013 and a Conveyance -cum -Perpetual Lease -Deed between the appellant -Rajasthan Housing Board on one part and Trustee of Krishna Yogashram Trust, 3/62, S.F.S., Agarwal Farm, Mansarovar, Jaipur came to be executed and registered with the Sub -Registrar, Jaipur on 30.03.2013.;