- (1.) To examine correctness of the order dated November 18, 2015, passed by learned Single Bench in SB Civil Writ Petition No.190/2011, this appeal is before us.
(2.) By the judgment impugned learned Single Bench dismissed the petition for writ by arriving at the conclusion that the petitioner is not entitled to invoke extraordinary jurisdiction of this Court as he deliberately furnished false information while submitting his application for allotment of residential plot under a scheme introduced by the Jodhpur Development Authority.
(3.) In brief, facts of the case are that the Jodhpur Development Authority floated a residential scheme in the name of 'Rajeev Gandhi Nagar Yojna'. The scheme had different categories for allotment of land on basis of the income of the aspirant for having residential plots. The appellant petitioner submitted an application to claim for allotment of residential plot in lower income group i.e. Group-B (income of Rs.10001/- to 15000/- per month). After due process allotment was made in favour of the petitioner and a letter of allotment dated 1.4.2010 was issued. Acting upon the letter of allotment the petitioner deposited a sum of Rs.91,800/- with respondent Jodhpur Development Authority on 1.4.2010. The balance amount too was deposited on 26.4.2010. On completion of all necessary formalities the Jodhpur Development Authority assured the appellant petitioner to handover possession of a plot measuring 90 square meters at earliest, however, under communication dated 15.11.2010 the allotment was cancelled and the earnest money deposited by the appellant petitioner was forfeited on the count that he was having income less than Rs.10001/- and as such was not eligible to be considered for allotment of land under B category. Being aggrieved by the same the appellant petitioner preferred a petition for writ and during pendency of that he submitted an affidavit that at present his income is Rs.15,000/- per month. Alongwith additional affidavit he also placed on record a document Anx.A wherein he disclosed his income as Rs.15,500/- per month. Learned Single Bench noticing the discrepancies in disclosure of the income, arrived at the conclusion that the appellant petitioner played a fraud and as such he is not entitled for any relief under Article 226 of the Constitution of India.;