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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Pushpendra Singh Bhati, J.
Bheem Kant Vyas – Appellant
Versus
State & Ors. – Respondents
S.B. Civil Writ Petition No. 5643 of 2014
Decided On : 19-01-2022
Judgment - COVID-19 Restrictions - The court relied on a previous judgment to allow advocates to be allotted plots in a government scheme, setting aside discrimination based on income and emphasizing the scheme's purpose for advocates.
Fact of the Case:
The court disposed of a writ petition in light of a previous judgment that allowed advocates to be allotted plots in a government scheme.
Finding of the Court:
The court found that the discrimination based on income for advocates was unjust and directed the respondents to allot the plots to the petitioners on the same terms and conditions as was allotted to them.
Issues: The controversy involved discrimination against advocates based on income in the allotment of plots in a government scheme.
Ratio Decidendi: The court relied on the previous judgment to set aside the discrimination and emphasized the purpose of the scheme for advocates.
Final Decision: The writ petition was allowed, and the respondents were directed to allot the plots concerned to the petitioners on the same terms and conditions as was allotted to them.
JUDGMENT
Pushpendra Singh Bhati, J. - In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, lawyers have been advised to refrain from coming to the Courts.
2. Learned counsel for the parties jointly submit that the controversy involved in this matter is covered by the judgment rendered by this Court in Jugal Kishore Chanda advocate Vs. State Urban Improvement Department & anr. (S.B. Civil Writ Petition No.2953/2011) on 17.11.2021, operative portion of the judgment reads as follows:
'This Court after going through record of case and hearing the submissions made by counsel for the parties finds that since the State Government has accorded sanction to allotment of 22 plots in favour of Government servants in the same Scheme, in the same category having income above Rs.20,000/- per month, then there is no reason why the petitioners, who being advocates, are being deprived of the same benefit. This Court also finds that the total amount as sought by respondents has already been deposited by petitioners and although cheque was given back but the petitioners but as they have not encashed the cheque, thus, the amount continues to remain with respondents and the respondents are in possession of vacant plots.
The discrimination made on count of income above Rs.20,000/- for advocates is set aside considering the fact that UIT, Jodhpur had launched the Scheme for advocates and they cannot be kept at a prejudicial position vis-a-vis other allottees.
In view of aforesaid discussion, both the writ petitions are allowed with the direction to the respondents to allot the plots concerned to the petitioners herein on the same terms and conditions as was allotted to them. The plots allotted, if are not vacant and have been allotted to somebody else, then it shall be open for the respondents to make alternate allotment of plots of the same size.'
3. In light of the aforequoted judgment, the present writ petition is also disposed of in the same terms. Stay petition as well as all pending applications also stand disposed of accordingly.
Discrimination based on income for advocates in the allotment of government scheme plots is unjust and should be set aside.
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