HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 1675 / 2018

Smt. Anjana Devi W/o Shri Shyam Lal Sharma, Aged About 38

Years, R/o 3-S-28/3, Patel Nagar, Bhilwara (Raj.)

----Petitioner

Versus

1. State of Rajasthan, Through Secretary, Department of Local

Self Government, G-3, Rajmahal Residential Area, C-Scheme,

Near Civil Lines Phatak, Jaipur.

2. The District Collector, Bhilwara.

3. Urban Improvement Trust, Bhilwara, Through Its Secretary,

U.I.T., Bhilwara (Raj.).

4. Devidas S/o Shri Asan Das, Resident of 3-H-8, Bapu Nagar,

Bhilwara.

----Respondents

_____________________________________________________

For Petitioner(s) : Mr. Sanjay Nahar

_____________________________________________________

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

01/02/2018

This writ petition has been filed on behalf of the petitioner

with a prayer is issue directions to the UIT – Bhilwara and the

State Government to issue allotment letter in favour of the

petitioner for the house No.3-S-28/3 of Patel Nagar Scheme of

UIT, Bhilwara.

Brief facts of the case are that the above mentioned house

was originally allotted to one Devidas son of Shri Asan Das, the

respondent No.4 herein by the UIT, Bhilwara way back in the year

(2 of 3)

2005. However, since the respondent No.4 has not deposited the

requisite amount, the allotment of the said house to him was

cancelled by the UIT, Bhilwara.

As per the petitioner, she has purchased the above

mentioned house from the respondent No.4 through an agreement

to sale and she is in possession of the same since 2006. When the

UIT, Bhilwara has proceeded to dispossess the petitioner from the

house in question, she preferred a suit for injunction against the

UIT, Bhilwara, which came to be dismissed vide judgment dated

29.11.2012 by the Civil Judge (Jr. Division) West, Bhilwara.

The first appeal preferred by the petitioner against the

judgment and decree dated 29.11.2012 has already been

dismissed by the Additional District Judge, No.2, Bhilwara vide

judgment dated 28.8.2017.

The second appeal preferred by the petitioner against the

said judgment has also been dismissed by this Court vide

judgment dated 18.1.2018.

Having considered the above facts and circumstances of the

case, this Court is of the opinion that when the second appeal of

the petitioner has been dismissed by this Court, no such relief as

prayed for by the petitioner in this writ petition can be granted.

However, it is open for the petitioner to approach either to

the UIT, Bhilwara or any other competent authority of the State

Government with a prayer for allotment of the house in question

on paying price as per the market rate prevailing or on any other

terms.

(3 of 3)

It is expected that if any such representation is moved by

the petitioner before the UIT, Bhilwara or any other competent

authority of the State Government within a period of two weeks

from today, the same shall be considered and decided

sympathetically within a period of four weeks thereafter.

With these observations, this writ petition is dismissed. Stay

petition is also dismissed.

(VIJAY BISHNOI)J.

Ms rathore