HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Second Appeal No. 473/2016

1.

Secretary Urban Improvement Trust, Kota, Cad Circle,

Kota.

2.

Chairman, Urban Improvement Trust Kota, Cad Circle,

Kota.

----Appellants

Versus

M/s. Gopal Tyres And Retraders P Limited, F-190, Road No. 5,

Indraprasth Industrial Area, Kota-5 Through Director Himanshu

Pareek S/o Satyanarayan Sharma.

----Respondent

For Appellant(s)

:

Mr. Satya Narain Kumawat

For Respondent(s)

:

Mr. Vimal Chand Chaudhary with

Mr. Diwakar Khaldwa

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

04/03/2022

The Urban Improvement Trust, Kota (for short ”UIT”), has

preferred this second appeal assailing the judgment and decree

dated 27.07.2016 passed by the Additional District Judge No.3,

Kota in civil first appeal No.59/2012 whereby and whereunder, the

appellate court while reversing the judgment and decree dated

18.02.2012 passed by the Additional Civil Judge No.1, Kota

dismissing the respondent-plaintiff’s suit, has allowed the first

appeal and the respondent-plaintiff’s suit has partially been

decreed.

The appellate court found the plaintiff eligible and entitled for

allotment of plot in the Vishwakarma Automobile Nagar Scheme of

the UIT and passed an order against the appellant to allot the plot

(2 of 5)

[CSA-473/2016]

No.236, corner extense having an area of 20 X 40 Ft. in the

scheme of Vishwakarma Automobile Nagar, Kota, which was laying

reserved with the UIT for allotment to the plaintiff under interim

orders of the Court.

It appears from the record that appellant-UIT launched a

scheme Vishwakarma Automobile Nagar for allotment of plots

through lottery to members of Automobile Dealers association.

The plaintiff applied for allotment of plot. The eligibility criteria

was that the person should be a member of Automobile Dealers

Association and should be indulged in business of automobile.

Plaintiff contended that he is indulged in the business of

automobile and has membership of Automobile Dealers

Association. He applied for allotment of a plot of a size of 20 X 40

Ft. and deposited 25,000/- as registration fee with application

form dated 05.10.1999.The UIT pointed out certain objections in

his application form, which were meted out, however, no allotment

was made. In that situation, plaintiff filed civil suit on 22.09.2000

seeking declaration that he is eligible for allotment and plot be

allotted to him in the said scheme.

The UIT opposed the civil suit contending that the plaintiff

does not fulfill the eligibility criteria as he has already one plot

having size 2130 Sq. Meters near Industrial Area, Kota.

The trail Court dismissed the plaintiff’s suit vide judgment

dated 18.02.2012. Plaintiff assailed the judgment by way of first

appeal, and the first appellate court considered the material on

record and passed the impugned judgment.

Heard learned counsel for both parties and perused the

impugned judgment as also material available on record.

(3 of 5)

[CSA-473/2016]

Counsel for appellant has argued that the plaintiff does not

fulfill the eligibility criteria to get allotment of plot in the

Vishwakarma Automobile Nagar Scheme as plaintiff is neither

indulge in the business of automobile nor is member of

Automobile Dealers Association. That apart plaintiff already

possess a plot having size 2130 Sq. Meters near Industrial Area,

Kota, therefore the first appellate court has committed illegality in

issuing a direction to allot the plot to the plaintiff.

Per contra, learned counsel for respondent-plaintiff submits

that plaintiff fulfills all the eligibility criteria to get allotment of plot

in the Vishwakarma Automobile Nagar Scheme. Even the UIT itself

issued letter dated 26.02.2002 to the plaintiff offering a plot

having size 20 X 40 Sq. Ft. and in the Vishwakarma Automobile

Nagar Scheme, plots having size of 20