1. - This writ petition is directed against the order dated 26.8.2014 passed by the District Collector, Rajsamand, whereby the allotment order dated 5.1.2011 and allotment made in favour of the petitioner-Company has been withdrawn.

2. The writ petition has been filed in the following circumstances : the petitioner filed an application on 19.5.2010 with the Collector, Rajsamand seeking allotment of land for setting up of a tourism unit under the provisions of the Rajasthan Land Revenue (Industrial Areas Allotment) Rules, 1959 ('the Rules'). After undertaking the required procedure i.e. approvals from the tourism authorities and no objection certificates from Department of Mines and Municipal Board, Nathdwara, the petitioner was directed to deposit a sum of Rs. 22,39,232/- towards cost of land, development charges, annual rent by communication dated 18.10.2010, which amount was deposited by the petitioner on 5.1.2011 (Annex.-9). Where after, by allotment order dated 5.1.2011, the land applied by the petitioner was allotted under the Rules subject to terms and conditions indicated therein. The terms and conditions, interalia, included Clause 6, wherein the petitioner was required to set up the tourism unit within two years of the allotment of the land in question.

3. It is claimed in the petition that after the allotment, the petitioner took steps for setting up of the tourism unit, whereby approach road was constructed for reaching the land in question which is situated at a distance of 1 km. from the major district road, prepared a project report and construction was started. It is further claimed that the petitioner proposed to construct 25 rooms but in phased manner, wherein in the first phase it constructed 04 rooms, restaurant and other amenities and the operation was started and intimation in this regard was submitted to the Director, District Industries Centre, Rajsamand on 26.3.2014, which was acknowledged on 6.5.2014 indicating the commencement of service w.e.f. 1.1.2013; based on the said communication, it is claimed that Condition No.6 as noticed here-in-before regarding setting up the tourism unit within two years was complied with.

4. The petitioner further claims to have written a communication to District Collector, Rajsamand on 25.2.2013 that it has completed first phase of the unit and the construction of second phase was going on. The petitioner claims that tourists have also started pouring in and the petitioner's activities are regularly going on at the tourism unit.

5. A report dated 17.6.2014 came to be submitted by the Tehsildar, Nathdwara indicating that the tourism unit consists 04 rooms, porch, veranda and other constructions were going on, however by order dated 26.8.2014 (Annex.17), the allotment was cancelled by the District Collector, Rajsamand on the ground that the petitioner has not used the land for tourism unit within two years of the allotment.

6. On enquiries, it is claimed that it was revealed that the Patwari had submitted another report on 26.8.2014 to Tehsildar, Nathdwara based on his inspection conducted on 17.6.2014; Tehsildar, Nathdwara submitted a report to the Collector on the same day and the order of cancellation also came to be passed on the same day, the Tehsildar prepared a note regarding taking possession of the land & building on 26.8.2014 itself and the revenue records were also altered on 26.8.2014.

7. It is also claimed that though possession has been taken on papers, the physical possession continuous with the petitioner though the Tehsildar has locked the gate, the petitioner has already spent sum of Rs. 63 lacs towards establishment of tourism unit. It is contended that the order dated 26.8.2014 has been passed in the breach of principle of natural justice; no opportunity of hearing was offered to the petitioner; the respondents have acted in hot haste in taking action which is apparent from the fact that all the reports were collected on 26.8.2014, cancellation orde