SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2012 Supreme(Raj) 1017

(Rajasthan High Court)
Jaipur Bench
Ashok Kumar Sharma Vs. State of Rajasthan & Ors. (Sharma, J.)
HON'BLE ALOK SHARMA, J.
Ashok Kumar Sharma
Versus
State of Rajasthan & Ors.
S.B. Civil Writ Petition No.12519 of 2012 and 15 Others, decided on 11.10.2012

Advocates Appeared
Rakesh Kumar, for Petitioners;
R.K. Mathur, Senior Advocate with Aditya Mathur, for Respondents

Headnote:Contract Act, 1872, Sec. 4, 8, 60 — Concluded Contract — U.I.T. allotted the plot to the petitioner — Petitioner deposited the required amount — After 4 years Subsequent to the letter of allotment and deposit of amount no further steps taken by U.I.T. — Held — Letter of allotment constitute a proposal — Against the proposal the petitioners deposited the required amount — u/Sec. 8 of the Contract Act this tantamounted to acceptance of the proposal of promise — It amounts to concluded contract into existence — In not complying with the terms and conditions of the allotment letter by not handing over the possession of the plots to petitioners is absolutely arbitrary and unsustainable. (Para )

       lafonk vf/kfu;e] 1872] /kkjk 4] 8] 60 & fuf.kZr lafonk & ;w-vkbZ-Vh- us izkFkhZ dks Hkw-[kaM vkoafVr fd;k & izkFkhZ us okafNr jkf'k tek djk;h &vkoaVu i= tkjh djus rFkk jkf'k tek djkus ds pkj o"kZ ckn rd ;w-vkbZ-Vh- }kjk vkxs dksbZ dk;Zokgh ugha dh xbZ & vfHkfu/kkZfjr & vkoaVu i= ls ,d izLrko dk xBu gksrk gS & mDr izLrko ds cnys izkFkhZx.k us okafNr jkf'k tek djk;h &lafonk vf/kfu;e dh /kkjk 8 ds rgr ;g okns ds izLrko ds izfrxzg.k ds leku gS & ;g fuf.kZr lafonk dh fo|ekurk dh Js.kh esa vkrk gS & izkFkhZ dks Hkw-[k.M dk dCtk ugha lkSai dj vkoaVu i= dks 'krksZ ,oa fucU/kuksa dh vuqikyuk ugha djuk iw.kZ:is.k euekuk gS ftls fLFkj ugha fd;k tk ldrkA

       ;kfpdk fuLrkfjr dhA ¼in la-½

       

Hon'ble SHARMA, J.—Since all these writ petitions involve identical issues they are being decided by a common order. The facts of the writ peti-tion No.12519/2012 are being taken as a lead case for disposal of these cases.

2. The Urban Improvement Trust, Alwar (hereinafter `the UIT') in March, 2008 carved out a special commercial scheme titled Sculptures Welfare Scheme. The purpose of the scheme was to allot a plot each to eligible sculptors to facilitate them in their trade/ business. Pursuant to publication of the Sculptures commercial Scheme, the petitioners herein and others applied for allotment of plots to the UIT by depositing Rs.10,000/- each as security amount. A Committee was constituted by the UIT for conducting a lottery on 1-3-2008 for allotment of plots. A list of eligible successful applicants was thereafter prepared and instructions to deposit 50% of the amount payable were issued. The name of the petitioner was shown at Sr. No.3 in the list successful allottees and plot No.46 measuring 167.22 sq. meters. allotted to him. For this purpose the Secretary, UIT issued a letter dated 5-3-2008 recording the aforesaid fact and requiring him to pay 50% amount of the total consideration of Rs.5,68,548/- for plot No.46 within 45 days. This was computed as Rs.2,86,145/-. The remainder 50% amount (Rs.2,84,274/-) along with 12% interest was to be paid by the petitioner in 59 equated monthly instalments. The petitioner was also to pay interest and penalty as provided in the event of default. In pursuance to the letter dated 5-3-2008, the petitioner aside of Rs.10,000/- earlier deposited along with application for registration, further deposited a sum of Rs.2,86,145/- on 21-4-2008 with the UIT.

3. Thereafter for over four years subsequent to issue of the letter of allotment and deposit of Rs.2,96,145/- by the petitioner, no further steps were taken by the UIT and the matter remained in a limbo. The continuous entreaties of petitioner to the UIT to proceed with the handing over of the possession of the plot were of no avail. Thereupon on 1-8-2012, the petitioner served a legal notice for demand of justice seeking handing over of the possession of the plot in question and to issue lease-deed, whereupon the petitioner would discharge his liability to pay the remainder amounts as per terms and conditions of the letter of allotment. However the notice for demand of justice also elicited no response. Consequently this writ petition has been filed primarily aggrieved of the arbitrariness of the UIT in not acting upon a concluded contract in respect of the plot allotted to the petitioner in the Sculptures' Scheme, based on an announcement by the Hon'ble Chief Minister of Rajasthan on 29-11-2004. The case of the petitioner is that arbitrariness is founded upon the fortuitous change of the government since the allotment was made in April, 2008.

4. On notice, the UIT in its reply to the writ petition has admitted the fact of Sculptures' Scheme having been floated. It was however submitted that the entire lottery conducted on 1-3-2008 was suspect, and therefore acting on the allotment made was kept in abeyance. It was submitted that following the lottery conducted on 1-3-2008 “various complaints were received from the persons, who claimed to be sculptors but their names were excluded from the draw of lot”. It was submitted that a civil suit was also instituted by one Ramautar before the Civil Judge (Junior Division) Alwar challenging the entire process of draw of lots on the ground that all the members of the Committee, required to be present, did not participate in the draw of lot. (However no order adverse to the petitioner by the writ court was brought to the notice of this court). It was also submitted that the draw of lot conducted on 1-3-2008 was never brought before the meeting of the Board of the Trust for approval as per provisions of the UIT (Disposal of Lnad) Rules, 1974 (hereinafter `the 1974 Rules'), nor approval of the Chairma
























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top