- (1.) The petitioner has laid this writ petition praying therein undermentioned reliefs: (i) The respondent may kindly be restrained to put the said plot on auction and accordingly, auction proceedings initiated vide auction advertisement (Anx.9) may be struck down. (ii) The respondents may kindly be directed to decide the appeal dated 20.8.2014 (Anx.8) of the petitioner forthwith and accordingly restore the allotment of the said plot in favour of the petitioner. (iii) Any other relief to which the petitioner is entitled, may be granted in his favour. (iv) The writ petition may be allowed with costs.
(2.) For substantiating his grievances the petitioner has averred in the writ petition that an industrial plot bearing No.G1-104 was allotted to his late grandfather Jaichand Lal Bothra by the respondent RIICO in Industrial Area, Loonkaransar (Bikaner). Pursuant to allotment, a lease agreement was executed in favour of Jaichand Lal Bothra on 30 th of July 1985. As per lease agreement, there were covenants between lessee and lessor, which were incorporated in Para 2 of the Lease Agreement, under the caption "AND THE LESSEE DOTH HEREBY COVENANT WITH THE LESSOR IN THE MANNER FOLLOWING:" Clause (d) of Para 2, which is relevant and germane so far as lis involving in the present petition is concerned, is reproduced as under: (d) That the Lessee will erect on the demised premised in accordance with the layout plan, elevation and design and in the manner to be approved both by the Lessor and the competent local authority in writing and in a substantial and workmen like manner the Industrial Units as aforesaid with all necessary outhouses, sewers, drains and other appurtenances according to the local authority's rules and byelaws in respect of buildings, drains, latrines and connection with sewers, and will commence such construction within the period of six months and will completely finish the same fit for use and start production within the period of 24 months from the date of these presents or within such extended period of time as may be allowed by the Lessor in writing at its discretion.
(3.) The petitioner has pleaded in the writ petition that his grandfather could not start construction at the site within six months and therefore the requisite construction could not be carried out within the stipulated period of 24 months.;