HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 8082/2018

M/s.Mangalam Arts through its partner Sh.Rajendra Kumar

Rawat, aged about 62 years, S/o late Sh.Ram Naryan Rawat,

Govind Marg, Amber Palace Road, Jaipur.

----Petitioner

Versus

1.

State of Rajasthan, through Additional Chief Secretary,

Industries Department, Govt. of Rajasthan. Govt.

Secretariat, Jaipur (Raj.)

2.

Managing

Director,

Rajasthan

State

Industrial

Development & Investment Corporation (RIICO) Udyog

Bhawan, Tilak Marg, Jaipur.

3.

Sr.Regional Manager, Rajasthan State Industrial

Development & Investment Corporation (RIICO), EPIP,

Sitapura, Jaipur.

----Respondents

For Petitioner(s)

:

Mr.Rajendra Prasad, Sr.Advocate

assisted by Mr.Ashish Sharma,

Advocate.

For Respondent(s)

:

Major R.P.Singh, Additional Advocate

General assisted by Mr.Jaivardhan

Singh Shekhawat, Advocate.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

ORDER

REPORTABLE

20/04/2022

The instant petition has been filed by the petitioner-firm

seeking following prayer:-

“(i)

Call for the entire record pertaining to passing of the

impugned communication dated 07.07.2017 and after

examining the same be declared the impugned

communication dated 07.07.2017 be null and void and be

quashed and set aside.

(ii)

By further appropriate writ, order or direction, the

official respondents be directed to immediately accept the

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[CW-8082/2018]

entire amount including the balance amount and thereupon

issue letter of allotment in favour of the petitioner forthwith.

(iii)

By further appropriate writ, order or direction, the

official respondents be restrained from putting the Plot

No.A/128 & A/129 to auction as well as to take any coercive

steps to allot the plot No.A/128 & A/129 in favour of anyone

else during the pendency of the writ petition or thereafter.

(iv)

By an appropriate writ, order or direction, if any order

prejudicial/detrimental to the interest of petitioner is passed

during the pendency of the writ petition, the same may

kindly be taken on record and be quashed and set aside by

this Hon’ble Court.”

2.

The brief facts, as pleaded in the writ petition, are that the

petitioner is a partnership firm, engaged in the activity of

manufacturing and exporting handicrafts, wooden furniture and

other items, having its manufacturing units at different locations

such as Jaipur, Udaipur, Mirzapur (UP), Agra (UP) & Delhi, etc.

3.

The petitioner-firm in order to establish its new industrial

unit in the new Industrial Area namely Prahaladpura situated at

proposed Ring Road on the Southern side of Jaipur City applied for

allotment of plot in pursuance of the public notice dated

13.12.2015 issued by the respondent-Corporation for different

sizes. The petitioner-firm had applied for one plot of size of 10,000

Sq.Mtrs. against plot No.A/127 to A/130, as described in the writ

petition.

4.

The petitioner-firm was found successful in the procedure of

draw of lottery for allotment of plot No.A/127 and as such the

petitioner-firm was allotted the said plot vide allotment letter

dated 18.02.2016 and accordingly, the petitioner-firm deposited

the required amount and lease agreement was also executed in

favour of the petitioner-firm.

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[CW-8082/2018]

5.

The petitioner-firm has pleaded that since it was planning to

launch new industrial unit in the new Industrial Area, the

petitioner-firm is said to have contacted the respondent-

Corporation for allotment of adjacent industrial plots on “first

come first serve” basis, as per the policy of the respondent-

Corporation.

6.

The petitioner-firm has pleaded that a notice dated

20.05.2017 was issued in the Rajasthan Patrika (Hindi) dated

21.05.2017 and Hindustan Times (English) dated 21.05.2017

whereby three plots of 10,000 Sq.Mtrs. were offered for sal