Pratap Krishna Lohra, J. - (1.) Petitioner, a proprietorship -firm, through its sole proprietor has laid this writ petition under Article 226 & 227 of the Constitution of India for besetting impugned order dated 11th of September, 2014 (Annex.6) and processing his application for allotment of land of Plot No. F -119 at Nayagaon Industrial Area, Pali. A further direction is sought by the petitioner against respondents not to de -reserve Nayagaon Industrial Area, Pali from Powerloom Industries to General & Powerloom Industries.
(2.) For craving the aforementioned reliefs, it is, inter alia, averred in the writ petition that Govt. of Rajasthan, vide order dated 12th June, 2011 floated a scheme for establishment of new power loom enterprise in Pali and other districts. Subsequent to that, Finance Department (Tax Division), Govt. of Rajasthan, on 12th of July, 2011, ordered customized package under sub -clause (c) of Clause 15 of Rajasthan Investment Promotion Scheme, 2010 for establishment of new enterpise(s) in powerloom sector in the Districts of Jodhpur, Pali and Barmer. Letter dated 12th of July, 2011, gives a layout plan of Industrial Area Nayagaon District Pali with statement showing the number of plots in various categories. Vide Annex.(3), office order dated 21st of November, 2011, procedure for allotment of plots in Industrial Area Nayagaon, Pali, is notified by respondent RIICO. Later on, respondents by letter dated 20th of February, 2012 decided the parameters recommended by duly constituted committee for allotment of plots in Industrial Area Nayagaon, Pali. Thereafter, respondent -RIICO for establishment of Powerloom Industries in Pali invited applications from interested entrepreneurs, which are eligible and fulfilling the terms and conditions of the allotment of land and willing to set up powerloom unit. The petitioner -firm being interested in establishing powerloom industry and fulfilling the terms and conditions, offered its candidature for allotment. On receipts of application forms from various aspirants for allotment of plots, the applications were scrutinised including the application of the petitioner -firm and a decision was taken to allot the plots by draw of lottery. Initially, for draw of lottery, the date was fixed as 25th July, 2012 but the same was postponed. As per the version of the petitioner, it completed all the formalities including submission of documents for allotment of land and the respondents were to issue sanction order and deed in its favour, in view of the fact that petitioner -firm had already deposited requisite amount demanded by the respondents. When the petitioner was waiting for issuance of sanction order, it was utterly shocked on a decision of respondent -RIICO dated 6th of August, 2014, whereby it decided to de -reserve Nayagaon Industrial Area, Pali from Powerloom Industries for General Industries including Powerloom Industries and as a consequence thereof decided to refund the cheque/DD received from the petitioner -firm. Pursuant to the decision of respondent -RIICO, the petitioner -firm was addressed a communication dated 11th of September, 2014, whereby the amount deposited by the petitioner was refunded to the petitioner by a DD/Bankers Cheque. After receiving the said communication, the petitioner -firm served a notice for demand of justice on 19th of September, 2014 seeking redressal of its grievances. Questioning the action of the respondent -RIICO, on the anvil of being violative of Article 14 of the Constitution of India, the petitioner has submitted that the impugned order is liable to be quashed and set aside and requisite direction be issued for allotment of plot to it.
(3.) On behalf of RIICO reply to the writ petition is submitted wherein some preliminary objections are also incorporated. The respondent -RIICO has urged in the reply that the petitioner -firm has not approached the Court with clean hands and is guilty of making false averments to mislead the Court. An objection is also sought to be raised that the petitioner has miserably failed to show invasion of any of its constitutional/legal right so as to invoke extraordinary jurisdiction of the Court. While adverting to the positive assertion of the petitioner about issuance of allotment order/letter in its favour, the RIICO has submitted that no such order was issued by the competent authority and the entire story about allotment of industrial plot is a mere concoction of the petitioner. It is also averred in the preliminary objections that all the applications received by the respondent -RIICO were treated alike, including the petitioner's application, and no discrimination was practicised. In the pleadings, some additional facts are also mentioned by placing on record advertisement dated 18th December, 2014 (Annex.R/1) and result of draw of lottery dated 10th of March, 2015 showing allotment of plots to various aspirants. A document (Annex.R/3) is also placed on record showing allotment of plots to some of the applicants for powerloom industries. It is also specifically pleaded that pursuant to advertisement dated 18th December, 2014, the petitioner had not applied, and therefore, he has got no right to question the impugned order after finalization of allotment of industrial plots.;