- (1.) This special appeal under S.18 of the Rajasthan High Court Ordinance, 1949 is against dismissal of a writ petition by a learned single Judge of this Court. By the writ petition challenge was made to allotment of 8 Bighas 1 Biswa of Khasra No. 410 out of its total area of 9 Bighas 8 Biswas in village Jakoda, Tehsil Bali, District Pali to respondent 4, Shree Sumerpur Cotton Ginning and Pressing Factory by the Collector, Pali at the behest of the State Government. The allotment of this land was made to the respondent No. 4 under the Rajasthan Land Revenue (Industrial Areas Allotment) Rules, 1959 made in exercise of the powers conferred by S.100 of the Rajasthan Land Revenue Act, 1956 after the said Khasra No. 410 had been set apart for industrial purpose under S.92 of the Rajasthan Land Revenue Act, 1956. The appellant carried on business at Sumerpur in District Pali and also at Udaipur. He too was a claimant for allotment of this land, but the same was denied to him. The writ petition was then filed to challenge the allotment made in favour of respondent 4.
(2.) In substance the grievance made in the writ petition and reiterated in this appeal is that the allotment of the above land in favour of respondent No. 4 is discriminatory inasmuch as the allotment was made without giving any opportunity to the appellant and the others interested in getting the land allotted. In other words, the grievance made is of denial of equal opportunity to the appellant and other claimants for allotment of the land and arbitrarily choosing respondent 4 for making this grant. The learned single Judge took the view that there was no defect in the allotment made to respondent No. 4 and accordingly he dismissed the writ petition. Hence this appeal by the petitioner.
(3.) The material facts are these :- "It appears that the appellant as weld as the respondent 4 were both interested in allotment of this land to them for industrial purpose and had applied to the concerned authorities. This led to an order of the State Government dt. Sept. 30, 1978, which has not been produced, but is referred in the consequential order Annexure-R/2 dt. Oct. 27, 1978 passed by the Collector, Pali setting apart Khasra No. 410 area 9 Bighas 8 Biswas for industrial purpose under S.92 of the Rajasthan Land Revenue Act, 1956. Having come to know of the State Government's direction for setting apart this land for industrial use, respondent No. 4 made an application Annexure-R/3 dt. Oct. 6, 1978 to the Collector, Pali requesting that the appellant be given the offer to deposit the money for the land within a short period failing which the land be allotted to respondent 4. The Collector, Pali then issued letter dt. Oct. 7, 1978 Ex. 14 to the appellant requiring him to deposit Rs. 75,200/- at the rate of Rs. 8,000/- per Bigha for the entire area of Khasra No. 410 up to Oct. 17, 1978 stating therein that failure to deposit the amount within this period would result in automatic rejection of the appellant's application. The letter was sent by registered post in the cover Ex. 14A and was admittedly despatched from the Collector's office on Oct. 16, 1978 and was delivered to the appellant only on Oct. 19, 1978 after expiry of the period specified in the letter for deposit of money by the appellant. This offer was made to the appellant in view of his offer to pay for the land at the rate of Rs. 8,000/- per Bigha mentioned in his application Annexure-R/1 dt. Sept. 5, 1978. On receipt of the Collector's letter after expiry of the period mentioned therein the appellant sent a reply Ex. 17 dt. Oct. 22, 1978 to the Collector mentioning these facts and also requesting that the land be disposed of by public auction so as to give equal opportunity to all claimants for allotment of the land. Obviously this was ignored and the order Annexure-R/2 dated Oct. 27, 1978 was passed by the Collector setting apart the land for industrial use under S.92 of the Rajasthan Land Revenue Act, 1956. Simultaneously steps were taken for allotment of the land to respondent No. 4 rejecting the appellant's application. A note also appears saying that the appellant may be informed that some other land is available nearby for industrial purpose and he may apply for the same. The Collector then made the order dt. Jan. 3, 1979 granting lease to respondent No. 4 of this land for a period of 99 years on the terms and conditions mentioned in that order. The respondent No. 4 was required to pay Rs. 2/- per sq. metre as development charges and annual rent at the rate of Rs. 30/- per acre only. The Tehsildar then made an order dated Jan. 7, 1979 to the Patwari directing him to deliver possession of the land to respondent 4.";