Maabharati Shiksha Samiti vs State Of Rajasthan
2022 Latest Caselaw 5976 Raj/2

           HIGH COURT OF JUDICATURE FOR RAJASTHAN
                       BENCH AT JAIPUR

                D.B. Civil Special Appeal (Writ) No. 1019/2022

    Maabharati Shiksha Samiti
                                                                        ----Appellant
                                        Versus
    State Of Rajasthan and Others.
                                                                     ----Respondents

For Appellant(s) : Mr. Rajendra Prasad Sharma, Senior Advocate & Mr. Madhav Mitra, Senior Advocate assisted by Mr. Ashish Sharma Advocate.

For Respondent(s) : Mr. Anil Mehta, Additional Advocate General with Mr. Yadhodhar Pandey Advocate and Ms. Archana Advocate.

Mr. Vimal Chand Chaudhary Advocate with Mr. Yogesh Tailor Advocate.

HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Judgment / Order 29/08/2022

Heard.

The appeal is admitted for hearing.

Heard on prayer for stay also.

While learned counsel for the appellant would submit that the

dismissal of the writ petition upholding the decision of the

Commissioner is in violation of principles of natural justice, statutory

provisions and without taking into consideration that the purpose of

allotment was for establishing an educational institution, without

even matter being sent to the Government to consider proposal for

alteration of the land use from commercial to educational, learned

counsel appearing for State as well as caveator-Urban Improvement

Trust would submit that in the past, there has been no occasion that

Urban Improvement Trust allowed land reserved for commercial

purposes to be altered for educational purposes and further that

(2 of 2) [SAW-1019/2022]

such land has always to be used only for commercial purposes, we

are inclined to order that the auctions, which are being held for

allotment of land in dispute for commercial purposes, would be

subject to final outcome of this appeal. Further, we would direct the

Secretary, Urban Improvement Trust, Kota to file affidavit and

clearly state whether in the past any land reserved for commercial

purposes has been allowed to be altered in its use and allotted for

any other purposes.

We also make it clear that as the appellant's case is that if the

land was not available at the disputed site, the appellant may be

considered for such allotment at any other area within the city, such

a claim would survive and examined at the time of hearing. The

affidavit shall be filed within a period of three weeks from today.

Matter be listed after three weeks.

(VINOD KUMAR BHARWANI),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ

Sanjay Kumawat-82

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