- (1.) THIS writ petition has been filed by petitioner Shanta Swaroop Beverages Private Limited, a company incorporated under the provisions of the Companies Act, through its Director Pawan Sharma (for short, 'the petitioner -company'), inter -alia, with prayer that respondent no.2 be directed to allot to petitioner 23 bigha of land in khasra no.9/719 measuring 155.54, which was reserved for petitioner vide order dated 16.01.2007 for expansion of its industry. Briefly stated the facts of the case are that petitioner -company vide application dated 19.10.2005 applied to respondent no.2 the District Collector (Industry), Ajmer, for allotment of land in khasra no.9/719 measuring 155 bigha 4 biswa of land in village Tikwada, Tehsil Kishangarh, District Ajmer. The said land was a pasture land. Out of the said land, the respondent no.2, vide order dated 26.09.2006, on the basis of report of Patwari and Tehsildar concerned, converted 25 bigha of land (4 hectare) into 'siwai chak'. The petitioner -company vide letter dated 01.12.2006, which was accompanied with company's resolution dated 31.10.2006, conveyed to respondent no.2 that petitioner -company has not received technical clearance for establishment of industry such as water supply, clearance from the Pollution Control Board and manufacturing license, so it will take up manufacturing and bottling of fruit bear and therefore for the present the petitioner -company is required only 2 bigha of land out of the said land and remaining land would be required soon it gets technical clearance. The respondent no.2, vide letter dated 20.12.2006 sought comments from respondent no.3 General Manager, District Industry Centre, Ajmer. The respondent no.3, vide order dated 16.01.2007 (Annexure -5), allotted 2 bigha of land to the petitioner -company out of 25 bigha of reserved land and the possession whereof was given to the petitioner -company vide 'parcha mauka' dated 14.06.2007. It was thereafter that the petitioner -company, vide application dated 17.11.2008, requested the respondent no.2 for allotment of remaining 23 bigha of land, which was reserved for the petitioner -company. Petitioner -company, along -with the application, also enclosed demand draft of Rs.1000/ - dated 17.11.2008, for the needful. The respondent no.2, vide letter dated 30.06.2010 directed the petitioner -company to furnish details of cases pending against grant of two bigha land and whether any stay order is operative. Petitioner -company submitted reply thereto on 12.07.2010 and thereby furnished required information.
(2.) RESPONDENT no.3, vide letter dated 21.06.2010, conveyed petitioner -company that matter for allotment of remaining 23 bigha of land to it, is not under consideration as it has failed to commence the work within two years of grant of possession over 2 bigha land and that, as per report of Tehsildar, it has also unauthorized possession on certain part of the land in question. Petitioner -company replied thereto on 12.07.2010 asserting that Patwari gave possession of the land on 14.06.2007 and thereafter factory was constructed thereon. In the meantime, respondent no.4 Tehsildar served a notice on petitioner -company under Section 91 of the Land Revenue Act, 1956, on 21.10.2008. The said notice was challenged by the petitioner -company before the Board of Revenue by filing revision under Section 84 read with Section 97 of the Land Revenue Act. The Board of Revenue, vide order dated 28.11.2008, stayed the proceedings initiated by the respondent no.4 under Section 91. The petitioner -company, vide application dated 02.03.2012, requested to respondent no.4 Tehsildar to get the land again measured as per 'parcha mauka' dated 14.06.2007. Petitioner -company then submitted an application on 02.03.2012 to respondent no.4 Tehsildar, Kishangarh, requesting to open mutation in favour of petitioner -company as entire amount of Rs.1,50,680/ - was deposited by it vide TRA dated 25.05.2007 and possession of allotted 2 bigha of land out of 25 bigha in Khasra No.9/719, was given to petitioner -company by the Patwari concerned on 14.06.2007 pursuant to letter dated 11.06.2007 of respondent no.4 Tehsildar. Petitioner -company submitted yet another application to respondent no.2 inviting his attention to allegation of respondent no.3 that petitioner -company has not established industry on allotted land. The said allegation is said to have been made on the basis of report of respondent no.4 Tehsildar. It was conveyed that the factory has been established and request was made for physical inspection. The petitioner -company prayed that since the factory has been established, therefore, it may be allotted remaining 23 bigha of land. It is submitted that the respondents, for one or the other reason, are sitting over the matter and bent upon not to allot remaining 23 bigha of land to petitioner -company, on account of which it could not expand the industry. Hence this writ petition.
(3.) SHRI V.L. Mathur, learned counsel for petitioner -company, argued that on the application of petitioner -company dated 19.10.2005 for allotment of land in Khasra No.9/719 measuring 155 bigha 4 biswa of land in village Tikwada, Tehsil Kishangarh, District Ajmer, the respondent no.2 District Collector, vide order dated 26.09.2006 converted 25 bigha of pasture land to 'siwai chak' as per Rule 7 of the Rajasthan Tenancy (Government) Rules, 1955. This order clearly stated that nature of the land was being changed by the District Collector in exercise of power under Section 92 of the Rajasthan Land Revenue Act, for the use of production of beer. The project of setting up of beer factory was proposed by the petitioner -company along -with his application. The letter of allotment dated 16.01.2007 (Annexure -5) issued by respondent no.3 also took note of this fact that 25 bigha of land was reserved for petitioner -company for setting up industrial production of beer. The allotment of the said land was to be made by the District Industry Centre, Ajmer. The General Manager, District Industry Centre, Ajmer, was therefore wholly unjustified in rejecting the application of the petitioner -company for allotment of remaining 23 bigha land by order dated 21.06.2010. It is wrongly held that petitioner -company has failed to put in use the allotted 2 bigha land. It is wrongly stated in the aforesaid order that certain part of land was in unauthorized occupation of the petitioner -company. Learned counsel for the petitioner -company argued that a first information report was also registered against the petitioner -company alleging illegal trespass but the police on thorough investigation, did not find any offence made out and submitted negative final report in the matter. Learned counsel submitted that an application was submitted by petitioner -company for allotment of 2 bigha of land out of reserved 25 bigha on 01.12.2006 under compulsion because by that time the petitioner -company could not obtain so many clearances from the respective departments of the State, which were, as per the conditions, required to be obtained for setting up of an industry and if the entire land would have been allotted to the petitioner -company, it would be very difficulty for it to start the production within six months from the date of execution of the lease -deed. The condition, which has been incorporated at serial no.6, in the letter of allotment dated 16.01.2007 (Annexure -5) of 2 bigha of land, clearly stipulates that construction work would be required to be started within a period of six months from the date of execution of the lease -deed and the industry shall be set up and start its production within a period of two years from the date of handing over the possession.;