BALIA, J. - (1.) HEARD the learned counsel for the appellant.
(2.) THIS appeal is directed against he judgment of the learned Single Judge dated 14.2.2005 dismissing the writ petition filed by the petitioner-appellant. The petitioner-appellant by filing writ petition No.3106/2002 has sought mandamus of the following nature:- (i) That the order dated 8.7.2002 (Annex.38) may kindly be declared and the same may kindly be quashed and set aside. (ii) The respondents may kindly be directed to allot an industrial plot to the petitioner-firm situated at New Industrial Area behind New Power House, Jodhpur. This is claim is founded on two fold allegations that the petitioner had applied for allotment of a land behind the New Power House Road in the New Industrial Area vide application dated 7.5.90 (Annex.2) and on that basis, he claims priority in the matter of allotment of industrial plot in the industrial area. Admittedly, there is no claim to any specified plot of land to be provided for the purpose of allotment so far. Thereafter, the petitioner has been pursuing his application for allotment of land at reserved price and which has been consistently not favourably responded to by the RIICO. The first application for the purpose by the petitioner states that he needs an industrial plot ad measuring 1,000 sq. meters for which he has annexed a Banker's cheque of Rs.500/-, the fee for registration and another Banker Cheque of Rs.75,000/- against the Development charges of the industrial plot. This application was responded to by letter dated 23.5.90 (Annex.3) clearly stating that in the New Industrial Area, Jodhpur no industrial plot whether of 1000 sq.Meters or of any other size is available and both the cheques were returned. Subsequently thereto, by letter dated 21.9.90 (Annex.4), again application was made stating that while the application has been rejected stating that no plot is available of any size, but the applicant has come to know that on the stated site, the plot is available and therefore, again submitted Rs.500/- for seeking allotment. As it appears, the said letter was responded to on 23.10.1990 (Annex.5) reiterating the earlier stand taken by the respondent-Corporation against the petitioner's earlier application stating that no plot is lying vacant for allotment and returned the two cheques.
(3.) THE petitioner again submitted an application dated 24.6.91 (Annex.6) stating that he has learnt that the State Government has permitted for delineating certain plots in the area, and therefore, the request was made for allotment of 1,000 Sq.Meters. Again, the RIICO vide letter dated 4.7.91 (Annex.7) in regard to its earlier response made it clear that the petitioner is unnecessarily repeating his application for allotment when no such plot is available in the area and again a cheque of Rs.500/- was returned. This was followed by another application dated 16.7.91 (Annex.8). Curiously enough, in this letter the applicant stated that while searching for land, they found that some land is lying vacant in New Power House Area and they have met the erstwhile Senior Regional Manager who guided them that in this respect, the sanction shall have to be obtained from the Head Office and with this assertion, he again referred his earlier submission of advance of Rs.75,000/- which has long back returned to the petitioner and again it was sent back to the respondents in the expectation that principally they may have received the sanction from the Head Office. Vide letter dated 22.7.91 (Annex.9), the petitioner made another application that he has learnt that proposal for setting out industrial plot has been sent to the Head Office and he made suggestions that 4000 sq. Meters is lying vacant behind the New Power House Road which can be divided into 4 industrial plots of 1,000 Sq.Meter each by which the small industrial units can be benefited. With this suggestion, he requested that plots may be sanctioned and that while sanctioning the plot, his application may be considered on priority basis. ;