Dinesh Mehta, J. - (1.) Learned counsel for the parties are ad-idem that the controversy involved in this writ petition is identical to that of S.B. Civil Writ Petition No. 9865/2011; Akshay Finishing v. RIICO Ltd. and Anr., decided on 25.03.2019.
(2.) In view of the above, this writ petition is also allowed; the impugned decision dated 16.01.2012, rejecting the petitioner's (D.B. SAW/677/2014 has been filed in this matter. Please refer the same for further orders) entitlement is hereby quashed and set aside. Identical directions as were given in case of Akshay Finishing (supra) are also being given hereunder for the sake of convenience: 1. The petitioner is directed to file fresh application along with all necessary documents to prove their eligibility for their respective claim seeking allotment of an industrial plot and deposit the requisite charges on or before 30.09.2019. 2. In case, where the petitioner's original application or requisite charges are already submitted with the respondent RIICO, the petitioner will be granted one time opportunity to submit additional necessary documents, if any, in support of his claim, if any to the respondent RIICO on or before 30.09.2019. 3. The allotment committee is directed to consider the application of the petitioner afresh for allotment of existing plot in industrial area, Punayata, Pali objectively while taking into consideration the documentary proof submitted by the petitioner and pass reasoned order in this regard. The said exercise for scrutiny of the application submitted by the petitioner as well as the allotment of industrial plot (if found eligible) shall be positively completed by the allotment committee on or before 30.12.2019. CC4. While adjudging the entitlement of the petitioner, the allotment committee shall act strictly in accordance with law and shall take into account the following factors: i. Preferably the name of the industry is included/shown in any of the survey lists prepared by the State authorities including the list prepared by the District Industries Centre, Pali. ii. The applicant has submitted the relevant documents as required in the advertisement issued by the RIICO for making allotment of industrial plot. iii. The applicant has produced the documentary proof showing the existence and functioning of the industry prior to passing of the judgment of this Court in the year 2004. (D.B. SAW/677/2014 has been filed in this matter. Please refer the same for further orders) 5. The allotment committee is expected to undertake and complete the entire process for scrutiny of claim of the petitioner for the purpose of shifting of industries strictly in accordance with law and while avoiding unnecessary technicalities. The allotment committee shall make positive efforts to ensure proper and complete compliance of the directions given by the Hon'ble Division Bench in its judgment dated 09.03.2004 passed in D.B. Civil Writ Petition No. 759/2002 : Mahaveer Nagar Vikas Samiti v. State of Rajasthan in its true letter and spirit. 6. Apart from the above directions, it is also directed that in case the applicant has not deposited the requisite fee or fee, which had been deposited, has been returned by the RIICO while rejecting his claim, he shall deposit the requisite fee by way of Demand Draft by 30.09.2019.
(3.) The Stay Application also stands disposed of.;