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2005 DIGILAW 92 (RAJ)

State of Rajasthan v. Rakesh Kumar

2005-01-11

GOVIND MATHUR, Y.R.MEENA

body2005
Judgment 1. In all these special appeals the respondents had filed the writ petitions against the order of the Collector dated 01.04.1997 whereby the Collector, Sirohi cancelled the allotment of plots by way of sale in auction made in favour of the respondents. The allotments were made as back as in the year 1984 and the same were cancelled on 01.04.1997 for the ground that the lands have been sold for nominal price. This aspect has been considered by the learned Single Judge in his order as under:- "From the impugned common order dated 01.04.1997 passed by the Collector, Sirohi, it appears that the allotment of plots by way of sale in auction made in favour of 84 persons including the present 9 petitioners was quashed and set asided by the Collector due to gross difference in the price rates. Meaning thereby there was a substantial financial loss caused to the respondent No. 5 - Gram Panchayat Aakra Bhatta. Therefore, it was suggested to both the learned Counsels for the parties that instead of decising these matters on merits, it may be disposed of in the spirit of Lok Adalat so that substantial justice is done and ultimate goal is achieved. Considering the entire material placed before this Court, it was thought fit that each of the petitioners who have been allotted plots may pay Rs. 10,000/-more to the Gram Panchayat, Aakra Bhatta by way of compensation. The said suggestion was accepted by both the learned Counsel for the parties." 2. As the allotments were made in the year 1984 and the learned Single Judge has directed that each allottee shall pay Rs. 10,000/-to the Gram Panchayat, Aakra Bhatta on acceptance of the suggestion by both the learned Counsel no further direction can be given. In the circumstances, there is no merit in the appeals and the same are hereby dismissed. It is, however, made clear that if the respondents pay the amount in question to the concerned authority in one month the concerned authority is directed to accepted the same.