Pratap Krishna Lohra, J. - (1.) In both these writ petitions, common questions of law and facts are involved, therefore, both are heard together and disposed of by this common order.
(2.) Petitioners have filed Writ Petition No. 9161/2013 for seeking directions against the respondents to make allotment of shops to the Members of Jodhpur Goods Transport Association, Jodhpur (for short 'the Association') who have applied for allotment of shops pursuant to notification/advertisement dated 13.12.2006 issued by the second respondent.
(3.) The facts necessary and germane to the matter are that second respondent published an advertisement in daily newspapers Dainik Bhaskar, Dainik Navjyoti and Dainik Jaltedeep on 13.12.2006 inviting applications for allotment of 60 plots for transport operators besides allotment to various other businesses to be carried out within the market yard. Pursuant to advertisement, second petitioner applied for allotment on 21.12.2006 by submitting application (Annex.2). As per the averments made in the writ petition, besides the second petitioner, 95 other transport operators also applied for allotment. After submission of the application forms, second petitioner and other transport operators waited for quite some time but pursuant to advertisement, no steps were taken by the second respondent for allotment of shops to the transport operators. It is in these situations, the Goods Transport Association submitted an application through its President on 23.03.2010 which was addressed to the second respondent. Responding to the said letter, a communication (Annex.6) was addressed that allotment shall be made as per the Allotment Policy of 2005 after receiving requisite guidelines from the Director, Agriculture Marketing/State Government. Subsequently, a Member of the Association sent a letter to then Chief Minister of Rajasthan on 02.07.2012 which was further followed by a letter dated 11.07.2012 to the second respondent. When no action was taken on behalf of the respondents, a notice for demand of justice was served on all the respondents on 11.03.2013. Responding to the said notice for demand of justice, counsel for the petitioners was conveyed by the second respondent on 20.06.2013 that presently the Allotment of Immoveable Property Policy of 2005 is in vogue and under the said policy, there is no provision for allotment of plots to transport operators, therefore, no allotment can be made to the transport operators. Further, it was clarified that out of aforesaid 60 plots, some part of land of Krishi Upaj Mandi Samiti located at Bhadvasiya has been transferred to Krishi Upaj Mandi Samiti (Fruits & Vegetables) and, therefore, 24 out of these 60 plots have been transferred to Krishi Upaj Mandi Samiti (Fruits & Vegetables). It is further reiterated that there is no provision for allotment of shops to the transport operators under the Allotment Policy and as such, no allotment could be made de hors the rules.;