JUDGMENT : Vaibhavi D. Nanavati, J. 1. Issue Rule, returnable forthwith. Ms. Pooja Ashar, learned A.G.P. waives service of Rule for the respondents. 2. Heard Mr. Sahil Shah, learned advocate for the petitioner and Ms. Pooja Ashar, learned A.G.P. for the respondents. 3. Briefly stated, the petitioner herein is a government servant and was holding the post of Senior Civil Judge at Gandhinagar and his native is District: Rajkot. 3.1. The respondent authority issued a circular dated 06.06.2003 bearing No.JMN/392003/454/A providing for allotment of the lands to the government employees as per their status, pay-scales etc. The petitioner applied for the same in accordance with the said policy,. 3.2. The respondent no.2 in connection with the Government Revenue Department Circular dated 28.07.2006, on 20.01.2009, declared and identified the lands which were vacant and available for the distribution to the government servants. The said order is duly produced at Annexure-B, which provides that the land bearing survey no.123 of mouje Nana Mava was available for distribution to the employees. Similar land situated at Raiya and Mota Mava was also available. The petitioner herein claimed land bearing survey no.123 of mouje Nana Mava T.P. No.5, F.P.No.449p. In a common list prepared by the respondent – State, amongst the 90 persons shown in the list, the name of the petitioner figured at Sr.no.49 in the said list, which is duly produced at Annexure-C. 3.3. In light of the aforesaid facts, the petitioner herein has prayed for the following reliefs:- “(A) Your Lordships be pleased to admit this petition. (B) Your Lordships may be pleased to issue writ of mandamus and/or any other appropriate writ, order or direction in the nature of mandamus directing the respondents No.1 and No.2 to entertain the application made as per Annexure-B for the land bearing Survey No.123 of Mouje Nana Mava, T.P.No.5, F.P.No.449 paiki of which at least 250 sq.mtrs. of land be allotted to the petitioner. (C) Your Lordships may be pleased to pass pending admission, hearing and/or final disposal of this petition, to restrain the respondents from allotting the land from all identified lands available for distribution to Government Servant, to any other Government employees except the present petitioner. of land be allotted to the petitioner. (C) Your Lordships may be pleased to pass pending admission, hearing and/or final disposal of this petition, to restrain the respondents from allotting the land from all identified lands available for distribution to Government Servant, to any other Government employees except the present petitioner. (D) Your Lordships may be issue a writ of mandamus or any other appropriate writ directing the Respondents to allot the plot admeasuring 250 squire meters of land and further be pleased to direct the Respondents to allot the said plot admeasuring 250 square meters at a reduced rate. (E) Your Lordships may be pleased to pass such other and further relief as may deem just, fit and expedient be granted in favour of the petitioner in the interest of justice. (F) Your Lordships may be pleased to grant Costs of this petition be provided for to the petitioner.” 3.4. In the course of hearing, this Court is informed that the said list was scrapped/directed not to be acted upon by order dated 11.10.2013 passed by this Court in Special Civil Application No.7526 of 2013. It is apposite to refer to the said orders passed in the said petition from time to time, which read thus:- “Post the matter on 21st November, 2013. No further allotment shall be made with regard to the subject matter without approval of the Court.” 3.5. Subsequent thereto, order dated 08.05.2018 wherein, relevant paragraphs 3.5, 3.6, 4 and 5 thereof, read thus:- “3.5 At this juncture, the learned advocate for the petitioners also drew attention of the Court to the allotment made in favour of Samanvay Cooperative Housing Society on 02.01.2013 in individual capacity, a copy of which is produced at Annexure 'H' at page 189 to the petition (Special Civil Application No. 7926 of 2013). He submitted that on one hand the Government is taking stand that the policy of allotment of land to the cooperative society is discontinued, though there is nothing on record to substantiate the same, and on the other hand, they allotted the land to the members of the society in individual capacity in the year 2013. He submitted that on one hand the Government is taking stand that the policy of allotment of land to the cooperative society is discontinued, though there is nothing on record to substantiate the same, and on the other hand, they allotted the land to the members of the society in individual capacity in the year 2013. Besides, he also submitted that instead of disposing of the application on first cum first go basis, the draw is being done for all the applicants and therefore, it happens that the applicant who has applied later in point of time, gets the land and the applicant, who has applied prior in point of time, is waiting for years and is not getting the same. Accordingly, he requested that the applications should be disposed year-wise so that the applicants, who have made applications prior in point of time, get the land. Thus, according to petitioners, though sufficient land is available with the respondent authorities for allotment and despite that the petitioners are satisfying all the requisite criteria, the petitioners are deprived of getting land, whereas, the subsequent applicants to the petitioners have been allotted the land by the respondent authorities. 3.6 Thus, making above submissions, the learned advocate for the petitioners requested to issue necessary direction to the respondent authorities to allot the land to the petitioners at the earliest. 4. As against this, the learned Assistant Government Pleader for the respondent authorities submitted that it is not that the draw made on 30.03.2013 was without prior intimation to the petitioners for the reason that one of the members of the petitioner society was amongst the successful applicants in the draw. Besides, the draw was held by using software which was prepared by NIC and the name of allottees were also published. As 73 plots were available, 73 persons were allotted the plots by way of using the software and therefore, the case of the petitioners cannot be considered in priority. By drawing attention to the communication dated 28.03.2013 he submitted that in view of umpteen numbers of applications, it is decided to make allotments by way of draw system without giving priority to cooperative societies. 5. Regard being had to the above submissions and on going through the material on record, it appears that the petitioners have made applications for allotments of land from 2009 onwards. 5. Regard being had to the above submissions and on going through the material on record, it appears that the petitioners have made applications for allotments of land from 2009 onwards. It is also not in dispute from the material on record that after such applications made by the petitioners, the respondent authorities have made several allotments; it is also a fact that the petitioners do satisfy all the requisites; it is also a fact that the communication dated 28.03.2013 is very much after the applications made by the petitioners; it also appears from the documents produced that even after considering the case of the petitioners, sufficient land would remain with the respondents for allotment to other applicants also. The affidavit-inreply filed by the respondent authority is silent on all these aspects. The fact remains that despite availability of the land identified by the District Collector in pursuance to the government policy, the plots have not been allotted till date to the petitioners.” 3.6. Order dated 21.06.2018 reads as under:- “1. Mr. J.K. Shah, learned Assistant Government Pleader for the respondent-State, submits that the respondent-Collector, Rajkot is considering to make allotment of residential plots in favour of the petitioners, but for the purpose of identification of suitable land, some time may be given. It is also submitted that while granting time to identify suitable land, it may be clarified that the order of status quo granted in respect of land which were identified earlier shall continue, but the same shall not come in way of identification of other suitable land. 2. In view of above submission, time for identification of other suitable land is granted upto 5th July, 2018 with clarification that the order of status quo granted earlier in respect of land which were identified earlier shall not come in way of identification of other suitable land. Accordingly, the respondent-Collectorate shall undertake exercise of identification of other parcels of land which are suitable for allotment to the petitioners-employees 3. The details of such identified land be placed before this Court on the next date i.e. 05.07.2018. List again on 05.07.2018.” 3.7. Order dated 26.07.2018 reads as under:- “Learned Assistant Government Pleader Mr. Shah has submitted an affidavit dated 20th July 2018. The details of such identified land be placed before this Court on the next date i.e. 05.07.2018. List again on 05.07.2018.” 3.7. Order dated 26.07.2018 reads as under:- “Learned Assistant Government Pleader Mr. Shah has submitted an affidavit dated 20th July 2018. He is submitted that the Collector, Rajkot has forwarded the proposal to the State Government vide letter dated 23rd July 2018 and the State Government, after receipt of the said proposal of Collector, Rajkot, will process the matter further and will take the decision accordingly. The Secretary, Revenue Department is directed to expedite the matter since the proposal for allotment of land to the employees working in various government departments of Rajkot district are awaiting land for residential purpose since last six to eight years. It is expected that the State Government shall take decision at the earliest and the same shall be communicated to the District Collector, Rajkot for taking further appropriate action for allotment of land to the petitioners. The decision taken by the State Government shall be placed on record through Assistant Government Pleader before this Court for further consideration. The matter is kept on 9th August 2018 to ascertain further progress in the matter. Copy of this order be supplied to the learned Assistant Government Pleader for onward communication for compliance.” 3.8. Order dated 09.08.2018 reads as under:- “Learned AGP – Mr. J.K. Shah submits that the matter is now under consideration of the Revenue Department and the report of further progress will be placed before this Court on 20-08-2018. List again on 20-08-2018.” 3.9. Order dated 27.08.2018 reads as under:- Learned AGP, appearing for the respondent, states that there is some confusion in Paragraph 6 of the order dated 08.05.2018 and requested to modify the said Paragraph 6 suitably. In that view, Paragraph 6 of the order dated 08.05.2018 is ordered to be modified as under to the extend herein below: The case of the petitioners to be considered against the land in question identified by the District Collector as reflects in affidavit dated 24.07.2018, further exercise for making allotment in favour of the petitioners be undertaken by the District Collector, Rajkot accordingly. The respondent State is directed to take decision on the proposal forwarded by the Collector within a period of three weeks from the date of receipt of this order. Direct service is permitted. List again on 11.09.2018.” 3.10. The respondent State is directed to take decision on the proposal forwarded by the Collector within a period of three weeks from the date of receipt of this order. Direct service is permitted. List again on 11.09.2018.” 3.10. The prayers in the present petition, as prayed for, by the petitioner are pari materia and the petitioner herein is identically placed to the petitioners of the said petitions. The said petitions are pending adjudication. 4. Mr. Sahil Shah, learned advocate for the petitioner submitted that the petitioner herein satisfies the condition of the government resolution dated 06.06.2003 and allotment in favour of the petitioner is duly produced at page 11 at Annexure-A, intimating the period during which the application would be processed and the period during which one would get the plot. Point no.10 of the said circular is duly produced on record at Annexure-A. As per point no.10 of the said circular, it provides for entitlement if the basic pay is more than Rs.14,900/-. The said employee would be eligible for 200, 250 or 330 sq.mtrs. of land as per the application. It is submitted that the petitioner herein has applied for 250 sq.mtrs. of land. 4.1. Reliance is also placed on page 118 at Annexure-H whereby, the basic pay of the petitioner is Rs.31,550/- and in view thereof, the petitioner herein is entitled to the benefit of the said government resolution dated 06.06.2003. 5. Ms. Pooja Ashar, learned A.G.P. for the respondent authority submitted that it is not in dispute that the basic pay of the petitioner is Rs.31,550/- and the petitioner would be entitled to the benefit of the said government resolution dated 06.06.2003 and the same would be considered in accordance with law. 6. Having heard the learned advocates appearing for the respective parties and considering the government resolution dated 06.06.2003, which is duly produced on record by the learned A.G.P. and also point – 10 of the said government resolution, it is apposite to refer to the same, which reads thus:- Point No. 10 Demand of Government Waste Land at Concessional Rate for Residence of Transferable Government Servants. 1. Provision:- Provision has been made vide Resolution No. JMN/392003/454/A, dated 06/06/2003 of the Revenue Department of the Government. 2. Eligibility:- (1) Five years service on the date of submitting application. 1. Provision:- Provision has been made vide Resolution No. JMN/392003/454/A, dated 06/06/2003 of the Revenue Department of the Government. 2. Eligibility:- (1) Five years service on the date of submitting application. (2) The Officer/ Employee should not own land/ house/ Flat in his/her own name or in the name of husband – wife or dependent within 8 k.m. radius of the land in demand on the date of application as well as on the date of getting possession. (3) The Transferable Officer/ Employee can get land for residential purpose in selected District out of two Districts i.e. his native District or the District where he is posted. (4) The Transferable Officer/ employee shall not get land in Gandhinagar City. But, land for residential purpose shall be available in remaining area of Gandhinagar District other than Gandhinagar City or in his/her native District. (5) The Pay Scale and area eligibility for receiving plot and the concession in price shall be as under. Sr. No. Basis Pay Area of Plot Price of Land 1. Upto Rs.9899/- 90 Sq. Mt. 50% of the prevailing allotment rate 2. Rs.9900 to Rs.13199 135 Sq. Mt. 75% of the prevailing allotment rate. 3. Rs.132 to Rs.14899 200 or 250 Sq. Mt. 100% of the prevailing allotment rate till first 200 Sq. Mt. - 150% of the prevailing allotment rate for additional 50 Sq. Mt. 4. Rs.14900 or more 200 or 250 or 330 Sq. Mt. (as per demand) 100% of the prevailing allotment rate till first 200 Sq. Mt. - 150% of the prevailing allotment rate for remaining additional land 5. Class -1 Officer getting basic pay upto Rs.9899 135 Sq. Mt. 75% of the prevailing allotment rate 6. If both husband and wife are Government Servants Commensurate with the income –maximum 250 Sq. Mt. Commensurate with the total income of Husband – Wife. 3. To whom the application be submitted:- The District Collector, as per (Proforma-1/10) 4. Competent Authority for disposal:- 1. The Collector has powers within limit of 200 Sq.Mt. and Rs. One Lakh. 2. The State Government in all remaining cases.” 7. Mt. Commensurate with the total income of Husband – Wife. 3. To whom the application be submitted:- The District Collector, as per (Proforma-1/10) 4. Competent Authority for disposal:- 1. The Collector has powers within limit of 200 Sq.Mt. and Rs. One Lakh. 2. The State Government in all remaining cases.” 7. It is also apposite to refer to the certificate, which is duly produced at Annexure-H at page 118, upon which reliance placed by the learned advocate for the petitioner and it is also not in dispute that the basic pay of the petitioner is Rs.31,550/- and in view thereof, the petitioner falls within the criteria of point no.10 of the government resolution dated 06.06.2003. The said certificate reads thus:- Annexure-H (Colly.) Copy provided under the “Right to Information” Annexure-4/10 Request of transferrable government employees for Government Waste Land on concessional rate for the residence CERTIFICATE BY HEAD OF THE DEPARTMENT OF THE EMPLOYEE This is to Certify that Mr. V.A. Buddh, Resident of 5-A/6, Saurashtra Kala Kendra Society, Taluka: Rajkot, District: Rajkot is serving in this office as Second Additional Civil Judge, Surendranagar. He has completed more than five years in Government Service. There is no incidence of serious departmental inquiry or misappropriation against him. Aforesaid employee has not obtained House Building Advance, which --- installments have been paid. His pay-scale is Rs.27700-44850 and basic pay for the month of March-2010 (The basic pay of the month, in which, the application is submitted) is Rs.31550/-. The native of the above-mentioned employee has been shown as Rajkot, Taluka: Rajkot, District: Rajkot. The above details are verified from the service book of the employee. Place: Surendranagar Date:19/03/2010 Sd/- (Illegible) Principal District Judge Surendranagar 8. In the facts of the present case, the earlier allotment wherein, the petitioner was figured at sr.no.24, which is duly produced at page 107 stands scrapped or is directed not to be acted upon by order dated 11.10.2013 passed in Special Civil Application No.7526 of 2013. 9. The respondent – State has also undertaken the further exercise of allotment of plots and the case of the petitioner is also required to be considered in consonance with the government resolution dated 06.06.2003 in accordance with law. 10. Mr. Shah, learned advocate submitted that the petitioner’s request for 250 sq.mtrs. of land be considered in light of the aforesaid government resolution. 10. Mr. Shah, learned advocate submitted that the petitioner’s request for 250 sq.mtrs. of land be considered in light of the aforesaid government resolution. Upon instructions, it is also submitted that the petitioner would accept 250 sq.mtrs. of land in any area of District: Rajkot. 11. In light of the aforesaid, the respondent no.1 herein is hereby directed that at the time of allotting the plots in consonance with the government resolution dated 06.06.2003, to take into consideration the petitioner’s request for 250 sq.mtrs. of land. The petitioner’s request that the petitioner would accept 250 sq.mtrs. of land in any area of District: Rajkot also be considered in accordance with law. 12. In view of the aforesaid directions, the present petition is allowed to the aforesaid extent. Rule is made absolute to the aforesaid extent.