Sangeet Lodha, J. - (1.) By way of this writ petition, the petitioner has questioned legality of order dt. 13.05.2014 issued by the Commissioner, Municipal Corporation, Udaipur cancelling the allotment of the lands made in favour of the petitioner and notice dt. 19.05.2014 issued by the Estate Officer, Municipal Corporation, Udaipur under Sec. 4(1) of the Rajasthan Public Premises (Eviction of Unauthorised Occupants) Act, 1964, directing the petitioner to show cause against the eviction from the property in question. Precisely, the facts of the case are that the petitioner, a society registered under the Societies Registration Act, 1860, constituted with the objective of promoting music, literacy and cultural work mainly being creation of saint Meera, was allotted land ad measuring 50017.6 sq. ft. in the year 1972 and 39000 sq. ft. in the year 1979. It is averred that the amount of lease rent for the allotments made as aforesaid, was deposited by the petitioner society by one time payment amounting to Rs. 10,680/ - on 30.9.2000. According to the petitioner, in terms of the license, the petitioner was permitted to use the said land for constructing residential building, commercial building (shops or shop cum flats) and not for any other purpose. It is submitted that the petitioner society was a Non Government Education Institution, which was receiving grant in aid from the State Government for meeting out its expenses and for making payment to its employees, falling within the category of aided employees. It is submitted that the grant in aid payable to the petitioner society was varied from time to time in between 70% to 90% and due to reduction in grant in aid, the petitioner society suffered loss. It is submitted that to over come the financial crunch suffered as aforesaid, the petitioner society decided to lease out some of its premises.
(2.) The grievance of the petitioner is that the allotment of land made in favour of the petitioner society has been cancelled by the Commissioner, Municipal Corporation, Udaipur vide order dt. 13.5.14 under the directions of District Collector, Udaipur for violation of conditions of the license and consequently, the proceedings have been initiated by the Estate Officer, Municipal Corporation, Udaipur, under the provisions of the Act of 1964 for eviction of the petitioner. Hence, this petition.
(3.) Learned counsel for the petitioner contended that order impugned dt. 13.5.14 has been passed by the Commissioner, Municipal Corporation, Udaipur under the dictates of District Collector (Vigilance) without application of mind. It is submitted that even the reply to the notice filed by the petitioner has not been considered while cancelling the allotment made in its favour. Learned counsel submitted that the order impugned passed by the Commissioner, Municipal Corporation without extending an opportunity of hearing to the petitioner, is ex facie illegal and violative of principles of natural justice.;