ANANT SHRI SUKHRAMJI TRUST Vs. STATE OF RAJASTHAN AND ORS.
LAWS(RAJ)-2007-10-85
HIGH COURT OF RAJASTHAN
Decided on October 23,2007

ANANT SHRI SUKHRAMJI TRUST Appellant
VERSUS
State of Rajasthan And Ors. Respondents

JUDGEMENT

Govind Mathur, J. - (1.) THIS petition for writ is preferred to assail validity of the resolution dt. 06.03.2000 undertaken by Urban Improvement Trust, Bhilwara to allot a piece of land measuring 4400 square yards at the reserved rate of Rs. 500/ - per square yard to Shri Shwetambar Sthanakwasi Pragya Jain Yuva Mandal, Bhilwara. Challenge is also given by the petitioner to the order dt. 07.09.2000 passed by the State Government to charge 10% of the reserved rate from the petitioner while making allotment of land aforesaid.
(2.) THE orders impugned are challenged by the petitioner on various grounds including violation of provisions of Rules 17, 18 and 19 of the Rajasthan Urban Improvement Trust (Disposal of Urban Land) Rules, 1974 (hereinafter referred to as "the Rules of 1974"), the competence of the petitioner for getting allotment of land under the Rules of 1974 and also the preference required to be given to the petitioner while making allotment of land in question. A detailed reply, rejoinder and sir -joinder are also part of the pleadings those require consideration in instant petition for writ.
(3.) FROM perusal of the pleadings it appears that there are so many complicated disputed questions of fact those cannot be settled in writ jurisdiction of this Court. It is also pertinent to note that the petitioner is having an efficacious alternative remedy to assail validity of the resolution dt. 06.03.2000 and all other consequential orders making allotment of land in favour of respondent Shri Shwetambar Sthanakwasi Pragya Jain Yuva Mandal, Bhilwara by way of filing a revision petition underR.30 of the Rules of 1974 that reads as follows: [30] Procedure to transfer can be stayed pending examination. - -(1) The State Government for the purpose of satisfying itself as to the correctness legality or propriety of any transfer of land made under the provisions of these rules by auction or allotment by any Trust call for the relevant record and may while doing so direct that pending the examination of the matter, such transfer of land shall be withheld. (2) If, after examining the record and after affording a reasonable opportunity of explanation to the parties concerned, the State Government is satisfied that the transfer of land by the Trust by auction or allotment is not in accordance with or is in contravention of these rules, may cancel or rescind wholly or in part any action or proceeding taken or contract entered into by the Trust regarding such transfer of land or may revise or modify the order or give any other direction as it may deem fit.;


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