- (1.) The petitioner St. Anne's School Society has filed this petition under Art. 226 of the Constitution, praying that the Resolution of the Urban Improvement Trust dated 27-4-1995 (Annex. 11) and the order of allotment dated 12-10-95 (Annex. 12) allotting land to the respondent No. 2 - Sri Nakoda Parshwanath Jain Mahavidyalaya and consequential licence issued to it, be declared invalid and it may be quashed. It is further prayed that the respondent-UIT may be directed to allot the remaining land of 10,200 sq. mts. out of the plot in question to the petitioner.
(2.) At this stage, it may be stated that earlier also, this very petitioner filed S.B. Civil Writ Petition No. 1762/96 before this Court on 23-5-1996, praying that the respondent UIT be directed to allot rest of the plot in question to the petitioner and it may be restrained from allotting land of plot in question to any one else. Notice was ordered to be issued in that petition and in response to that, reply-affidavit was filed by respondent-UIT in that petition also, wherein it was pointed out that the land in question was already allotted to Sri Nakora Parshwanath Jain College, Jodhpur, by order dated 12-10-95 and the required amount was also deposited by the College and the possession was also handed over. It was also contended in the reply-affidavit that when the petitioner came to know of this allotment, it has filed this petition pleading ignorance about the allotment. On the reply being filed in that petition by the UIT, an application dated 10-9-1997 was filed by the counsel for the petitioner in that petition stating that the petition became infructuous in view of the allotment and the fresh petition is required to be filed. Thereupon, on 12-9-1997, this Court (Hon'ble P. P. Naolekar, J.) granted permission to the petitioner to withdraw that petition with liberty to file a fresh petition challenging the order of allotment. The original papers of that petition No. 1762/96 were called for and perused.
(3.) It is, thereafter, this petition was immediately filed within three days, i.e., on 15-9-1997. In this petition, the petitioner has joined the respondent No. 2 in whose favour the allotment was made.;