GOVIND MATHUR, J. - (1.) THE petitioner, a society registered under the Societies Registration Act, having membership among the residents of Chopasani Housing Board, preferred this petition for writ denominating it as a public interest litigation claiming the reliefs as follows: (I) By an appropriate writ, order or direction the Allotment of Lottery 16.06.2007 may be quashed. (II) By an appropriate writ, order or direction the respondent may be directed to keep reserved for park the open land which is nearer to house Nos. 15/50 and opposite to house Nos. 15/413 to 418 and 15/32 to 15/34 in Sector 15 of the Chopasani Housing Board Scheme, Jodhpur and not to allot the said land to any body.
(2.) THE Division Bench of this Court by order dt. 04.07.2007 held that the litigation is primarily for the cause related to the occupants of houses No. 15/1 to 15/50, 15/413 to 15/424 and 15A to 15W of Sector 15 of the Chopasani Housing Board Scheme and such cause cannot be considered to be as a public interest litigation. The writ petition in view of the order referred above was placed before the Single Bench. The allegations of the petitioner in the petition for writ are that: (1) respondent Housing Board made allotment of houses in Chopasani Housing Board as well as Kudi Bhagtasani Housing Scheme under the recommendations of a property allotment committee that was not constituted as per Clause (26) of the Rajasthan Housing Board (Disposal of Property) Regulations, 1970; (2) respondent Housing Board has effected 100% reservation of 28 houses sought to be allotted in Chopasani Housing Board in favour of its employees and that is illegal; (3) the allotment of houses under general registration scheme to respondents No. 4 to 11 and certain other persons in Chopasani Housing Board Scheme shall effect the public amenities available to members of the petitioner society adversely in view of the fact that the woodland i.e. required to be kept reserved shall be curtailed; and (4) the allotment of any further houses in Chopasani Housing Board Scheme will adversely effect the drainage and sewerage system.
(3.) A reply to the writ petition has been filed on behalf of the respondents, rejoinder to the same is filed by the petitioner and certain other additional affidavits are also submitted, however, the issues relating to extension of reservation in house allotment to the employees of the Housing Board, impropriety in constitution of the property allotment committee are not required to be adjudicated in this petition for writ as the Division Bench of this Court by its order dt. 04.07.2007 made it clear that the cause involved in this petition for writ is relating to the occupants of certain houses and the present one is not a public interest litigation. The members of the petitioner association are admittedly having their own houses, thus, atleast in this petition for writ it is not open for them to challenge allotments sought to be made in favour of other persons.;