Alok Sharma, J. - (1.) A challenge in this petition under Article 226 of the Constitution of India has been made to the order dated 14 -3 -2014 whereby the amount Rs. 1,07,68,271/ - were refunded to the petitioner (as earlier deposited by it on allotment of 13 acres of land) consequent to cancellation of petitioner's aforesaid allotment in terms of the purported decision of the Infrastructure Development Committee (Infra Division) (hereinafter 'IDC') of the Rajasthan State Industrial Development & Investment Corporation Ltd. (hereinafter 'RIICO') in its meeting of 26 -2 -2014.
(2.) HEARD learned counsel for the parties and perused the petition, reply thereto and RIICO's Disposal of Land Rules, 1979 (hereinafter 'the 1979 Rules'). The petitioner pursuant to RIICO's Notice Inviting Tender dated 31 -3 -2001 for 13 acres of land situate in Industrial area Akeda Dungar, Tehsil Amer District Jaipur submitted its bid and was found to be highest at Rs. 4,26,000/ - per acre for non industrial use of the land in issue. Despite the petitioner's highest bid, RIICO again on 24 -4 -2001 proceeded for a fresh Notice Inviting Tender qua the same land with a reserve price of Rs. 4,26,000/ - per acre. This subsequent tender notice, even without cancelling the petitioner's highest bid pursuant to the earlier tender dated 31 -3 -2001 became the subject matter of civil suit No. 15/2001 at the instance of the petitioner, wherein on an application under Order 39 Rules 1 & 2 CPC, the trial court granted a temporary injunction in mandatory form on 19 -5 -2001 in favour of the petitioner. RIICO thereafter accepted the petitioner's highest bid against tender notice dated 31 -3 -2001 and directed the petitioner to deposit 25% amount of the total bid amount. It was so done and on deposit thereof allotment letter dated 14 -6 -2001 was issued in favour of the petitioner demanding remainder of the 75% bid amount. That amount was also deposited within time. On 3 -10 -2001 the land was demarcated, lay out plan prepared and possession of land in issue is stated to have been handed over to petitioner. Thereafter the petitioner's civil suit was decreed on 29 -7 -2004, wherein the RIICO was directed to execute the lease deed in respect of the land allotted to petitioner in pursuance of its highest bid of Rs. 4,26,000/ - per acre pursuant to RIICO's NIT dated 31 -3 -2001. RIICO preferred a first appeal against the judgment and decree dated 29 -7 -2004, which was allowed vide judgment and decree dated 9 -8 -2005. Thereafter the petitioner approached this court under S.B. Civil Second Appeal No. 589/2005. This court on 24 -11 -2005 directed the parties to maintain status quo with regard to disputed property. In the meantime the second appeal was admitted on 3 -5 -2006 and substantial questions of law arising therein in the estimation of the court framed.
(3.) DURING pendency of the second appeal, RIICO vide its letter dated 15 -12 -2011 referring to its Infrastructure Development Committee (infra) decision dated 5 -12 -2011 expressed its intention to regularise the allotment of 14 -6 -2001 in favour of petitioner in the event the second appeal was withdrawn. On 17 -12 -2011 an application was filed by the petitioner in his second appeal with reference to RIICO's letter dated 15 -12 -2011. Consequently the court vide order dated 23 -12 -2011 dismissed the second appeal as withdrawn. Subsequently RIICO vide letter dated 30 -12 -2011 withdrew earlier letter dated 9 -12 -2005 of cancellation of allotment of land to petitioner following the appellate court's judgment and decree dated 9 -8 -2005. Thereupon allotment of land in favour of the petitioner issued on 14 -6 -2001 sustained/was revived.;