IMPORTANT POINT
Government authorities must comply with established eligibility criteria for land allotment to ensure fair treatment of applicants.

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.

(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