JUDGMENT 1. :- Heard the learned counsel for the parties at length and perused the available record. 2. The case of the petitioner in short is that by way of a scheme advertised by the Municipal Corporation, Jaipur (for short 'Corporation') regarding allotment of residential plots in Gandhi Vihar Jaipur, the petitioner was declared successful bidder in the draw of lots for residential plots in general category. He had deposited initially Rs. 20,000/- by Demand Draft on 29.10.93 for allotment of the plot in the aforesaid residential colony in respect of his application No.1921, which was registered in the office of the respondents vide No. 241 dated 29.10.93. 3. Pursuant to aforesaid scheme allotment letter was issued to the petitioner by the Corporation on 15th June, 1995 in respect of a residential plot No.119 measuring 230 sq meters. It has been contended by the learned counsel for petitioner that he was asked to deposit the cost of the plot and also to complete certain formalities, such as, site plan, registration-fee jamabandi fee etc. amounting to Rs. 1,54,037.50 after adjusting Rs. 20,000/- which the petitioner had already paid by way of advance deposit, in all Rs. 1,71,572/- vide cash order No. 213531 dated 27.12.95 issued by the Punjab National Bank Rajapark Branch, Jaipur including penal interest thereon. 4. Thereafter on 15.2.96, the petitioner was intimated in respect of getting possession of aforesaid plot by the Regional Executive Engineer, Sanganer Zone of respondent Corporation, within fifteen days of receipt thereof further directing him to fulfil certain formalities required of him before taking possession thereof. 5. Pursuant to the aforesaid letter, the petitioner had contacted the Executive Engineer, Sanganer Zone, who informed him that as the maps of plot Nos. 115 to 131 are not available with them and in such situation they are not in a position to handover possession of petitioner's plot, which would be possible only after receipt of the maps as stated above. 6. Thereafter the petitioner made all out effort to get possession of his allotted plot and ultimately on 7.2.98 he sent a legal notice through his counsel and thereafter filed the present writ petition in this court on 26.2.98, which is now being diposed of after giving final hearing to the learned counsel for the parties. 7.
6. Thereafter the petitioner made all out effort to get possession of his allotted plot and ultimately on 7.2.98 he sent a legal notice through his counsel and thereafter filed the present writ petition in this court on 26.2.98, which is now being diposed of after giving final hearing to the learned counsel for the parties. 7. Be that as it may, the fact that the petitioner had deposited the requisite amount towards cost of the aforesaid plot situated in Gandhi Vihar Scheme, Sanganer, Jaipur, the possession of which has not yet been handed over to him, the respondents have acted arbitrarily and should not be permitted to deviate from the stand already taken in favour of the petitioner. As a matter of fact, prima facie, it is the duty of the public bodies like Municipal Corporation Jaipur to act in a responsible manner towards a citizen and it is not expected of them to delay the allotment when it is their bounden duty to prepare the relevant maps as well as further formalities which are required on their part to fulfil in advance. The Senior Town Planner Municipal Corporation, Jaipur is equally responsible since he ought to have sent the maps of plots Nos. 115 to 131 in pursuance of the letter dated 15.2.96 (Ann.8), which they should not have delayed, as a result of which the allotment of residential plots to the petitioner as well as other bonafide allottees have unnecessarily been delayed. In this manner Public Interest stands defeated rather than being served in any manner. 8. 1 have been informed by Shri Harsh Vardhan, learned counsel representating the respondents, that the Corporation is ready to comply with the direction of this court in the matter of allotment of residential plot bearing No. 119 in Gandhi Vihar Scheme, Sanganer, Jaipur measuring 230 sq. meters, possession of which shall be handed over to the petitioner subject to his fulfilling the necessary formalities. 9.
meters, possession of which shall be handed over to the petitioner subject to his fulfilling the necessary formalities. 9. Keeping in view the fact that respondents have conveyed in unequivocal terms that communication has already been issued to the petitioner for taking over possession of the said plot on 22.2.96 vide their letter dated 23rd July, 1998 (Ann.14) by which the petitioner was directed that in case he is willing to get possession of the plot he has to comply with the necessary formalities which arepre-requisite to handing over physical possession by the Municipal Corporation, I am consequently of the view that no further directions are necessary to be issued in the matter. 10. The respondent Municipal Corporation is consequently directed to issue a letter to the petitioner duly intimating the formalities, which are required to be completed in respect of the aforesaid residential plot, within a period of two weeks from today. The petitioner shall duly comply with the necessary formalities as required by the Municipal Corporation, Jaipur within two weeks thereafter.The writ petition stands allowed and disposed of as indicated above. No order as to costs.Petition Allowed. *******