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2011 DIGILAW 2062 (RAJ)

Bhema Ram Patel v. State of Rajasthan

2011-09-22

GOPAL KRISHAN VYAS

body2011
Hon'ble VYAS, J.—In this writ petition, the petitioners are challenging the action of the respondent Jodhpur Development Authority for making allotment of plots in the Vivek Vihar Housing Scheme. Following prayer has been made by the petitioners in this writ petition: "(a) By an appropriate writ, order or direction of this Hon'ble Court, the impugned action of respondent Jodhpur Development Authority, Jodhpur, for making the allotment of plots in Vivek Vihar Housing Scheme, through lottery system, in question, may kindly be declared and be held illegal, unsustainable and in violation of Rule 17 of the Rules of 1974 and necessary direction may kindly be issued to respondent JDA to hold fresh lottery system, after adhering the strict procedure as prescribed in the application form, information booklet, in consonance to the provisions of Rule 17 of the Rules of 1974. (b) By an appropriate writ, order or direction of this Hon'ble Court, the list of allottees released by the respondent JDA as provided on internet vide dated 9.9.2011 marked as Annexure-5 & 6, may kindly be declared unsustainable in the eye of law and same may kindly be quashed and set aside with further direction to respondent JDA, to first carry out scrutiny of application form, to ascertain correctness and eligibility criteria and then to allot the plots, by fair lottery system, by including all the application a fresh, which are valid and correct. (c) By an appropriate writ, order or direction, necessary orders, for holding an enquiry, by constituting a committee, may kindly passed, to un-earth the illegality and irregularities committed by the respondent JDA, in the allotment of plosts in Vivek Vihar Housing Scheme, Jodhpur, to fix the liability of erring official/ authority. (d) Any other appropriate order or direction, which this Hon'ble court considers just and proper in the facts and circumstances of this, may kindly be passed in favour of the petitioner." 2. (d) Any other appropriate order or direction, which this Hon'ble court considers just and proper in the facts and circumstances of this, may kindly be passed in favour of the petitioner." 2. After hearing learned counsel for the petitioners, it is revealed from the facts that both the petitioners filed their applications for allotment of plot in pursuance of the applications invited by the Jodhpur Development Authority for allotment of plots in the Vivek Vihar Housing Scheme, in which, it is proposed to make available 10369 plots of different sizes wherein total 3227 plots were earmarked for allotting to various categories through lottery system under the provisions of the Rajasthan Urban Improvement Trust (Disposal of Urban Land) Rules, 1974. 3. Undisputedly, the petitioners names were also considered and included for allotment through lottery but no allotment was made in favour of the petitioners. After completion of the allotment proceedings, now, the petitioners preferred this writ petition and raised so many grounds to challenge the whole process of allotment which is alleged to be in contravention of the allotment rules. The lottery was held at a public place in front of all the applications and the process was followed by the JDA in accordance with the procedure laid down in the booklet and the Rules and, till completion of the process, no objection was raised by the petitioner at any stage and, in pursuance of the proceedings, allotment was made through lottery system. The allotments were made in different categories to thousands of citizens vide Annex. 5 placed on record of this writ petition. 4. Further, none of the allottees is impleaded as party in this writ petition. But, on the basis of news item published in different news-papers, the petitioners apprehend that whole process was illegal and in contravention of Rule 17 of the Rules of 1974, therefore, it is prayed that whole process undertaken by the JDA, Jodhpur for allotment of plots in the Vivek Vihar Housing Scheme may be quashed and set aside. 5. But, on the basis of news item published in different news-papers, the petitioners apprehend that whole process was illegal and in contravention of Rule 17 of the Rules of 1974, therefore, it is prayed that whole process undertaken by the JDA, Jodhpur for allotment of plots in the Vivek Vihar Housing Scheme may be quashed and set aside. 5. In my opinion, the petitioners are not entitled to invoke the inherent jurisdiction of this Court under Article 226 of the Constitution of India because, till completion of the process, the petitioners did not raise any objection with regard to the process being followed and they participated in the proceedings and their candidature was included in the lottery for allotment but, now, when no allotment was made in favour of the petitioner, then, they preferred this writ petition and, that too, without impleading the allottees as party who are thousands in number. 6. It is worthwhile to observe that now a days it has become routine to file frivolous writ petitions before the Court on the basis of some new item published in the new-papers, in which, apprehensions are voiced with regard to bungling and illegality. Such type of practice is required to be restricted. Here, in this case, the bona fide of the petitioners is not up to mark because they themselves did not raise any objection till completion of the process by the JDA, Jodhpur. Now, without impleading the allottees who are thousands in number the petitioners have preferred this writ petition on untenable grounds because no allotment was made in their favour. In this view of the matter, this writ petition has no substance. 7. This writ petition is accordingly summarily dismissed.