Case Law Details
Mangalam Arts Vs State of Rajasthan (Rajasthan High Court)
The primary question to be decided in the present writ petition is as whether the authorities have acted arbitrarily in taking the decision of cancelling the allotment process which was based on the method of “first come first serve”.
This Court on careful scanning of the pleadings on record finds that initial process of allotment of plots was under taken by the respondent-RIICO by issuing an advertisement on 13.12.2015 where by a public notice was issued, wherein draw of lottery was the basis for allotment of plots and there were different sizes of plots available to be allotted to different applicants.
This Court finds that the petitioner-firm was found successful in the draw of lottery for allotment of Plot No.A/127 and accordingly it was allotted the said plot and requisite formalities were completed. The subsequent issuance of advertisement in daily newspaper for allotment of plots on “first come first serve” basis was not a normal course which was adopted by the respondent-Corporation.
This Court finds that the RIICO Rules though provides under Rule 5 that RIICO can dispose of the plots in the industrial area either by public auction or by entertaining the individual applications, however, the allotment of plots without having element of public auction by large number of applications has not been approved time and again by the Apex Court.
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