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2022 Supreme(Raj) 1352

MAHENDAR KUMAR GOYAL
Ayaz Educational Society – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Mr. Kamlakar Sharma, Sr. Advocate assisted by Mrs. Alankrita Sharma & Mr. M.S. Rajpurohit, Advocate, for the Petitioner
Mr. Anil Mehta, AAG assisted by Ms. Archana and Mr. Yashodhar Pandey) Mr. Vimal Chand Choudhary, Advocate, for the Respondent

JUDGMENT

1. This writ petition has been filed by an educational society assailing the legality and validity of the orders dated 9.7.2020 and 23.9.2020 passed by the respondents no.2 and 3 respectively cancelling the allotment of the subject plot made in its favour with a further prayer to restore its possession and approve the building plan.

2. The facts in brief as revealed from the memo of writ petition are that the petitioner is a society registered under the Rajasthan Societies Registration Act, 1958 and was allotted the plot no.S-2, Sector-A, Shri Rama Krishnapuram Scheme, Kota admeasuring 3000 sq. meters for institutional purpose by the respondent no.3, Urban Improvement Trust, Kota (for short-'UIT') vide allotment letter dated 25.11.2002 under the Rajasthan Improvement Trust (Disposal of Urban Lands) Rules, 1974 (for brevity-'the Rules of 1974'). The allotment was made at a premium amount of Rs.1000 per sq. meters. The allotment came to be cancelled by the UIT vide its order dated 27.12.2004 on account of the petitioner's failure to pay the premium amount. On a request by the petitioner to re-consider the decision of cancellation, the State Government, vide its letter dated 29

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