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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
REKHA BORANA
Ram Infra Creation Ltd. – Appellant
Versus
State of Rajasthan, through Chairman cum Managing Director, Rajasthan State Industrial Development And Investment Corporation Limited (RIICO) – Respondent
| Table of Content |
|---|
| 1. background of land purchase and ownership history. (Para 1 , 2 , 3 , 4 , 5) |
| 2. process for land use change request and its implications. (Para 6 , 7 , 8) |
| 3. debate on riico's authority to withhold original documents. (Para 9 , 10) |
| 4. arguments on authority for land use change permissions. (Para 12 , 13 , 14 , 15) |
| 5. legal precedent regarding authority over land conversion. (Para 18 , 19 , 20 , 21) |
| 6. amendment validates riico's actions and authority. (Para 25 , 26 , 27 , 28) |
| 7. final judgment ordering riico to provide original documents. (Para 30 , 31 , 32) |
ORDER :
REKHA BORANA, J.
1. The facts are that the petitioner Company purchased plot No.4 situated in Light Industrial Area, Jodhpur vide a registered sale-deed. Initially the residential (free hold) patta of the land was issued by then Development Department, Government of Marwar on 16.07.1949 to one Abhay Kumar. Subsequently Abhay Kumar surrendered the land in favour of Government of Rajasthan and in lieu thereof a lease deed was issued by State of Rajasthan in favour of M/s. Life Time Product Corporation of which Abhay Kumar was one of the partners. The said lease deed was executed on 23.02.1970 by State of Rajastha
The court ruled that RIICO lacked authority to deny document release or land use conversion approvals without state government consent, reaffirming that JDA's prior permissions were valid.
The State Government has the power to issue appropriate directions under Article 138 of the Articles of Association of RIICO to manage the affairs of the RIICO, but such power cannot be used to direc....
The court affirmed that a party cannot use writ jurisdiction to enforce contractual obligations, which must instead be pursued through appropriate civil or arbitration channels.
existence of an alternative remedy whether adequate or not, does not alter the fundamentally discretionary nature of the High Court’s writ jurisdiction and, therefore, does not create an absolute bar....
The withdrawal of an allotment must be justified, and reasons for administrative decisions must be valid and consistent. Natural justice principles must be upheld in administrative actions.
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