HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

(1) S.B. Civil Writs No. 9301/2018

M/s Medical Designs India Private Ltd. , A-1-A, Mahaveer Udyan

Marg, Bajaj Nagar, Jaipur-302015. Through Its Power Attorney

Holder And Authorized Signatory Dr. Anil Tambi Son Of Shri

Radhey Shyam Tambi, A-522, Govind Marg, Malviya Nagar,

Jaipur.

----Petitioner

Versus

1.

Rajasthan State Industrial Development And Investment

Corporation Limited, Through Its Managing Dir , Udyog

Bhawan, Tilak Marg, Jaipur-302005.

2.

Senior Regional Manager, Rajasthan State Industrial

Development And Investment Corporation Limited ,

Malviya Industrial Area, Jaipur-302017.

----Respondents

Connected with

(2) S.B. Civil Writs No. 22425/2017

1.

Varun Khandelwal S/o Mr. S.k Khandelwal , F-E-20,

Malviya Industrial Area Jaipur.

----Petitioner

Versus

1.

Medical Designs India Private Limited Through Its

Director Mrs Saroj Dhawan , At A-4, Mahavir Udyan

Marg, Bajajnagar Jaipur

2.

Saroj Dhawan Director Medical Designs India Pvt. Ltd. ,

A-4, Mahavir Udyan Marg, Bajajnagar Jaipur Presently

Residing At A-4, Mahavir Udyan Marg, Bajajnagar Jaipur

Rajasthan.

3.

Dr. Anil Tambi S/o Radheshyam , R/o A-222, Govind

Marg, Malviya Nagar, Jaipur.

4.

R I I C O Limited Through Its Chairman Cum Managing

Director , Udyog Bhawan Premises, Jaipur Rajasthan.

5.

R I I C O Limited Through Its Estate Officer , Udyog

Bhawan Premises, Jaipur Rajasthan.

----Respondents

(2 of 11)

[CW-9301/2018]

For Petitioner(s)

:

Mr. Sudesh Bansal, Adv. for M/s

Medical Designs India Pvt. Ltd.

Mr. Hans Kumar Sharma, Adv. for

Varun Khandelwal

For Respondent(s)

:

Mr. Virendra Lodha, Sr. Adv. assisted

by Mr. Jai Lodha, Adv. for RIICO

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment / Order

16/07/2018

1.

The matter comes up on IA No.31972/2018 filed by the

respondents under Article 226(3) of the Constitution for vacating

the interim order passed by this Court on 03/05/2018.

2.

This Court, taking into consideration that the arguments

advanced on the IA are akin to the arguments which may be

advanced for admission of the writ petitions, has heard the

respective counsels for final disposal of both cases at this stage.

3.

Vide order dated 03/05/2018, this Court noted submission of

the petitioner-M/s Medical Designs India Pvt. Ltd. that he was

entitled to be considered for re-allotment of Plot No.F-28(N) at

Malviya Nagar Industrial Area, Jaipur from which the petitioner

was earlier dispossessed. Accordingly, the Court restrained the

respondents from putting the plot to auction.

4.

The respondents have filed reply and alongwith reply, they

have placed on record the orders in previous litigation which were

initiated before this Court. It appears that earlier, the petitioners

filed one writ petition No.1909/2015 challenging the order passed

(3 of 11)

[CW-9301/2018]

by the RIICO cancelling the allotment which was dismissed on

05/05/2016.

5.

A look at the said judgment shows that an argument was

advanced at that stage by the petitioner that as the plot was in his

possession, Rule 24(3) of the Rajasthan State Industrial

Development and Investment Corporation Limited Disposal of the

Land Rules, 1979 (hereinafter referred as the Rules, 1979) should

be made applicable which provides for policy of restoration of

allotment of cancelled plot. Arguments were also put up that

similarly situated three other companies had been granted the

benefit of the amended rules and possession was restored. The

said argument was not accepted by this Court and it was noted as

under:-

“Equality under Article 14 of the Constitution of India

cannot be invoked by the defaulter to say that he may

be treated in the same manner as another defaulter

has been treated. Rajasthan State Industrial

Development & Investment Corporation Ltd., as the

name suggests, has to achieve the sole objective of

industrial gr