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Maha Arihant Finishing vs Rajasthan State Industrial ...
2023 Latest Caselaw 6671 Raj

Citation : 2023 Latest Caselaw 6671 Raj
Judgement Date : 31 August, 2023

Rajasthan High Court - Jodhpur
Maha Arihant Finishing vs Rajasthan State Industrial ... on 31 August, 2023
Bench: Pushpendra Singh Bhati

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1311/2022

Rajat Sales Agency, Through Its Proprietor Vimal Kumar S/o Shri Loon Chad Salecha, Aged About 42 Years By Caste Oswal, Resident Of Jerla Road, Balotra.

----Petitioner Versus

1. State Of Rajasthan, Through Divisional Commissioner, Jodhpur.

2. Rajasthan State Industrial Development And Investment Corporation Ltd., Udhyog Bhawan, Tilak Marg, Jaipur, Through Chairman And Managing Director.

3. The Regional Manager, Rajasthan State Industrial Development And Investment Corporation Ltd. Khed Road, Balotra, District Barmer.

----Respondents Connected With S.B. Civil Writ Petition No. 1219/2022 Surya Texcom, Through Its Proprietor Smt. Samta Devi Wife Of Shri Naresh Kumar, By Caste Jain, Aged About 40 Years, Resident Of Khasra No. 19, Jerla Road, Balotra, District-Barmer

----Petitioner Versus

1. State Of Rajasthan, Through Divisional Commissioner, Jodhpur.

2. Rajasthan State Industrial Development And Investment Corporation Ltd., Udhyog Bhawan, Tilak Marg, Jaipur, Through Chairman And Managing Director.

3. The Regional Manager, Rajasthan State Industrial Development And Investment Corporation Ltd. Khed Road, Balotra, District- Barmer.

----Respondents S.B. Civil Writ Petition No. 1314/2022 Maha Bajrang Processors, Through Its Proprietor Narendra Lalwani Son Of Shri Narayan Lal Sindhi, By Caste Sindhi Lohana, Aged About 53 Years, Resident Of Nayapura, Ward No. 8, Balotra, District- Barmer.

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                                                                      ----Petitioner
                                    Versus

1. State Of Rajasthan, Through Divisional Commissioner, Jodhpur.

2. Rajasthan State Industrial Development And Investment Corporation Ltd., Udhyog Bhawan, Tilak Marg, Jaipur, Through Chairman And Managing Director.

3. The Regional Manager, Rajasthan State Industrial Development And Investment Corporation Ltd. Khed Road, Balotra, District Barmer.

----Respondents S.B. Civil Writ Petition No. 1532/2022 Saraf Dyeing Company, Through Its Proprietor Jugal Kishore Saraf S/o Shri Rajaram, Aged About 60 Years, Resident Of Agarwal Colony, Behind Adarsh Vidhya Mandir, Balotra, District Barmer (Raj.)

----Petitioner Versus

1. Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Through Its Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Regional Manager, Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Balotra, District Barmer.

3. The District Collector Cum Allotment Committee, Barmer.

4. The Divisional Commissioner Cum Allotment Committee, Jodhpur (Camp Balotra).

----Respondents S.B. Civil Writ Petition No. 2258/2022 Sanwal Ram S/o Shri Tulsa Ram, Aged About 69 Years, Resident Of Ward No. 15, Gandhipura, Balotra, District Barmer (Raj.) Proprietor Of Santosh Dhupayi Works.

----Petitioner Versus

1. State Of Rajasthan, Through The District Collector, Barmer (Raj.).

2. Rajasthan Industries And Investment Corporation Limited,

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Through Its Managing Director, Udhyog Bhawan, Tilak Marg, Jaipur.

3. Regional Manager, Rajasthan Industries And Investment Corporation, Kher Road, Industrial Area, Balotra, Barmer.

4. Municipal Council, Through Its Commissioner, Jodhpur Road, National Highway 112, Balotra, Barmer.

----Respondents S.B. Civil Writ Petition No. 2261/2022 Mahadadaji Industries, Through Its Proprietor Omprakash S/o Shri Mehar Chand Khatri, Aged About 58 Years, Resident Of Hinglaz Street, Gali No. 2, Ward No. 23, Balotra, District Barmer (Raj.).

----Petitioner Versus

1. Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Through Its Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Regional Manager, Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Balotra, District Barmer.

3. The District Collector Cum Allotment Committee, Barmer.

4. The Divisional Commissioner Cum Allotment Committee, Jodhpur (Camp Balotra).

----Respondents S.B. Civil Writ Petition No. 2264/2022 Harish Peding Works, Through Its Proprietor Shri Kanhaiyalal S/o Shri Lekhraj Khatri, Aged About 52 Years, Resident Of Ward No. 23 Bal Vidhya Mandi, Mahadev Colony, Balotra, District Barmer (Raj.).

----Petitioner Versus

1. Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Through Its Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Regional Manager, Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Balotra, District Barmer.

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3. The District Collector Cum Allotment Committee, Barmer.

4. The Divisional Commissioner Cum Allotment Committee, Jodhpur (Camp Balotra).

----Respondents S.B. Civil Writ Petition No. 2300/2022 Manju Processing House, Through Its Proprietor Smt. Manju Devi W/o Shri Satyanarayan, Aged About 47 Years, Ward No. 7, Near Ramdhan Office, Agarwal Colony, Balotra, District Barmer (Raj.).

----Petitioner Versus

1. Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Through Its Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Regional Manager, Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Balotra, District Barmer.

3. The District Collector Cum Allotment Committee, Barmer.

4. The Divisional Commissioner Cum Allotment Committee, Jodhpur (Camp Balotra).

----Respondents

S.B. Civil Writ Petition No. 2563/2022

Geeta Process, Address - 99, Main Mandiya Road, Pali Through Its Proprietor Ganesh Ram S/o Shri Nathmal Ji, Aged About 65 Years, B/c Ghanchi, R/o 2, Palliwalo Ka Bass, District Pali.

----Petitioner Versus

1. Rajasthan State Industrial And Investment Corp. Ltd., Through Its Chairman And Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Senior Regional Manager, Rajasthan State Industrial And Investment Corporation Ltd. I.t.i. Road, Pali.

3. The Collector-Cum-Chairman Allotment Committee, Punayata Industrial Area, Pali.

4. The District Industries Centre, Pali, Through General Manager-Cum-Member Secretary.

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                                                              ----Respondents


S.B. Civil Writ Petition No. 5449/2021 M/s. Rishabh Dying Industries, Through Its Proprietor Shri Gyanendra Kumar S/o Shri Udayraj Ji, Aged About 40 Years, R/ o 27 Jhuron Ka Bas, Pali, Rajasthan.

----Petitioner Versus

1. Raj. State Industrial Deve. And Investment Cor. Ltd., (Riico), Through Its Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Regional Manager, Rajasthan State Industrial Development And Investment Corporation Limited, (Riico) , Pali.

3. The District Collector Pali, Pali, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 6069/2021 Sumit Process, 41, Bada Bas, Pali Marwar (Raj). Through Its Proprietor Smt. Shankuntla W/o Amar Chand Jain, Age 67 Years, By Caste Jain, R/o 41M Bada Bas, Pali Marwar (Raj).

----Petitioner Versus

1. Rajasthan State Industrial And Invest. Corp. Ltd., Through Its Chairman And Managing Director, Udhyog Bhawan, Tilak Marg, Jaipur.

2. The Senior Regional Manager, Rajasthan State Industrial And Investment Corporation Ltd. I.t.i. Road, Pali.

3. The Collector-Cum-Chairman, Allotment Committee, Punayata Industrial Area, Pali.

4. The District Industries Centre Pali, Through General Manager-Cum-Member Secretary.

5. M/s Riico Prints, A-58, Sumerpur Road, Industrial Area, Pali. Through Proprietor Haji Mohd. S/o Ahmed, By Caste Chhipa Muslim, R/o A-88, Chhipo Ka Hethla Baas, Pali.

----Respondents S.B. Civil Writ Petition No. 6135/2021

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M/s. Vikram Textile Mils, Through Shri Trilok Chand S/o Shri Meetha Lal Jain Aged About 70 Years, Resident Of B-5, Sidhi Vinayak Complex, Marudhar Nagar, Pali (Raj.).

----Petitioner Versus

1. The Rajasthan State Industrial Development And Corporation Limited, Through Its Chairman And Managing Director, Udhyog Bhawan, Tilak Marg, Rajasthan, Jaipur.

2. The Senior Regional Manager, The Rajasthan State Industrial Development And Investment Corporation Limited, Iti Road Pali.

3. The Regional Manager, The Rajasthan State Industrial Development And Investment Corporation Limited, Iti Road Pali.

4. The Land Allotment Committee, Through Its Chairman, District Collector, Pali, The Rajasthan State Industrial Development And Corporation Limited.

----Respondents S.B. Civil Writ Petition No. 6351/2021 Bhurji Dyeing, Address A/62, Sumerpur Road Industrial Area, Pali. Through Its Proprietor, Smt. Shabana W/o Shri Umar Farooq Ji, Age 41 Years, By Caste Chhipa Musalman, Presently R/o 62-C, Jama Maszid Road, District- Pali (Raj.).

----Petitioner Versus

1. Rajasthan State Industrial And Investment Corporation Ltd., Through Its Chairman And Managing Director, Udyog Bhawan, Tilak Marga, Jaipur.

2. The Senior Regional Manager, Rajasthan State Industrial And Investment Corporation Ltd., I.t.i. Road, Pali.

3. The Collector-Cum-Chairman, Allotment Committee, Riico, Pali.

4. The District Industries Center, Pali, Through General Manager-Cum-Member Secretary.

----Respondents S.B. Civil Writ Petition No. 6354/2021

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M/s. Hazi Mohammed, S/o Shri Gafoor Ji Chhipa Address A-28, Sumerpur Road, Pali. Through Its Proprietor, Shri Hazi Mohammed S/o Shri Gafoor Ji, Age 71 Years, By Caste Chhipa Musalman, R/o 31, Chhipo Ka Hathela Bas, District- Pali (Raj.) Through Power Of Attorney Mohammad Ismail S/o Shri Hazi Mohammed, Age 53 Years, R/o 31, Chhipo Ka Hetla Bas, Pali.

----Petitioner Versus

1. Rajasthan State Industrial And Investment Corporation Ltd., Through Its Chairman And Managing Director, Udyog Bhawan, Tilak Marga, Jaipur.

2. The Senior Regional Manager, Rajasthan State Industrial And Investment Corporation Ltd., I.t.i. Road, Pali.

3. The Collector-Cum-Chairman, Allotment Committee, Riico, Pali.

4. The District Industries Center, Pali, Through General Manager-Cum-Member Secretary.

----Respondents S.B. Civil Writ Petition No. 6474/2021 K.b. Fab Tax, 41, Bada Bas, Pali Marwar (Raj.) (Huf Firm) Through Its Karta Amarchand Samdariya S/o Shri Heera Lal Ji, Age 67 Years, By Caste Samdariya, R/o 41, Bada Bas, Pali Marwar (Raj.).

----Petitioner Versus

1. Rajasthan State Industrial And Investment Corporation Ltd., Through Its Chairman And Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Senior Regional Manager, Rajasthan State Industrial And Investment Corporation Ltd., I.t.i. Road, Pali.

3. The Collector Cum Chairman, Allotment Committee, Punayata Industrial Area, Pali.

4. The District Industries Centre, Pali, Through General Manager Cum Member Secretary.

5. M/s Memuna Mohd Hussain, Through Proprietor Shri Noor Mohd. S/o Shi Mohd. Hussain, R/o 13, Busi Ki Gali, Pyara Chowk, District Pali.

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                                                                  ----Respondents

S.B. Civil Writ Petition No. 6475/2021 M/s Classic Fabrics, Address A/62, Sumerpur Road Industrial Area, Pali. Through Its Proprietor, Smt. Aamana W/o Shri Fareed Mohd., Age 84 Years, R/o 62 Juma Maszid Road, District Pali (Raj.) Power Of Attorney Mohd. Saleem Chhipa S/o Shri Fareed Mohd, Age 48 Years, R/o 62 Juma Maszid Road, District Pali (Raj.).

----Petitioner Versus

1. Rajasthan State Industrial And Investment Corporation Ltd., Through Its Chairman And Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Senior Regional Manager, Rajasthan State Industrial And Investment Corporation Ltd., I.t.i. Road, Pali.

3. The Collector Cum Chairman, Allotment Committee, Riico, Pali.

4. The District Industries Centre, Pali, Through General Manager Cum Member Secretary.

----Respondents S.B. Civil Writ Petition No. 6790/2021 M/s. Shantilal Rajendra Kumar, B-2 Tilak Nagar, Pali Through Its Properietor, Rajendra Sancheti S/o Shri Premrajji, Aged About 51 Years, R/o B-2 Tilak Nagar Mahaveer Nagar, Pali (Raj.)

----Petitioner Versus

1. The Rajasthan State Industrial Development And Corp.

Ltd., Through Its Chairman And Managing Director, Udhyog Bhawan, Tilak Marg, Rajasthan, Jaipur.

2. The Senior Regional Manager, The Rajasthan State Industrial Development And Investment Corporation Limited, Iti Road Pali.

3. The Regional Manager, The Rajasthan State Industrial Development And Investment Corporation Limited, Iti Road Pali.

4. The Land Allotment Committee, Through Its Chairman District Collector, Pali The Rajasthan State Industrial

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Development And Corporation Limited.

----Respondents S.B. Civil Writ Petition No. 9975/2021 Bhanwar Lal S/o Shri Bhura Ram Choudhary, Aged About 55 Years, R/o College Road, Pali (Raj.).

----Petitioner Versus

1. Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Through Its Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Regional Manager, Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Pali.

3. Allotment Committee, Rajasthan State Industrial Development And Investment Corporation Limited Through Its Chairman, The District Collector, Pali.

----Respondents S.B. Civil Writ Petition No. 9981/2021 Bhanwar Lal S/o Bhura Ram Choudhary, Aged About 55 Years, College Road, Pali (Raj.)

----Petitioner Versus

1. Rajasthan State Industrial Development And Investment Corp. Ltd., (Riico), Through Its Managing Director, Udhyog Bhawan, Tilak Marg, Jaipur.

2. Regional Manager, Rajasthan State Industrial Development And Investment Corporation Limited (Riico) Pali.

3. Allotment Committee, Rajasthan State Industrial Development And Investment Corporation Limited Through Its Chairman The District Collector, Pali.

----Respondents S.B. Civil Writ Petition No. 9994/2021 Narayan Ram S/o Shri Bhura Ram Choudhary, Aged About 50 Years, College Road, Pali (Raj.).

                                                                       ----Petitioner



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                                      Versus

1. Rajasthan State Industrial Development And Investment Corp Ltd. (Riico), Through Its Investment Corporation Limited (Riico), Through Its Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Regional Manager, Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Pali.

3. Allotment Committee, Rajasthan State Industrial Development And Investment Corporation Limited Through Its Chairman, The District Collector, Pali.

----Respondents S.B. Civil Writ Petition No. 12208/2021 Khivraj Amarchand Gadiya, Ramlila Maidan, Pali (Raj.), Through Its Proprietor, Gotam Chand Gadiya S/o Shri Amar Chand Ji, Age 64, By Caste Jain, R/o Veer Durga Das Nagar, District Pali (Raj.).

----Petitioner Versus

1. Rajasthan State Industrial Investment Corporation Ltd., Through Its Chairman And Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Senior Regional Manager, Rajasthan State Industrial Investment Corporation Ltd., I.t.i. Road, Pali.

3. The Collector Cum Chairman, Allotment Committee, Punayata Industrial Area, Pali.

4. The District Industries Centre, Pali, Through General Manager Cum Member Secretary.

----Respondents S.B. Civil Writ Petition No. 13675/2021 M/s Chippa Abdul Gani Abdul Gafurji, Through Its Proprietor Mohd. Yasin S/o Shri Abdul Gafurji, Age 78 Years, R/o 43, Rangnia Mohalla, Pali.

----Petitioner Versus

1. Rajasthan State Industrial And Investment Corporation Ltd., Through Its Chairman And Managing Director,

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Udyog Bhawan, Tilak Marg, Jaipur.

2. The Senior Regional Manager, Rajasthan State Industrial And Investment Corporation Ltd., I.t.i. Road, Pali.

3. The Collector-Cum-Chairman Allotment Committee, Punayata Industrial Area, Pali.

----Respondents S.B. Civil Writ Petition No. 13693/2021 M/s. Ganesh Finishing, Address Agarwal Lane, Sindhi Colony, Pali Through Its Partners - 1. Shri Rang Nath Bajaj S/o Shri Gordhan Ji, Age 51 Years, By Caste Bajaja, 2. Smt. Sushila Bajaj W/o Shri Gordhan Ji, Age 71 Years, By Caste Bajaja, Both R/o 18, Bikaneria Ka Bas, District Pali.

----Petitioner Versus

1. Rajasthan State Industrial And Investment Corporation Ltd., Through Its Chairman And Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Senior Regional Manager, Rajasthan State Industrial And Investment Corporation Ltd., I.t.i. Road, Pali.

3. The Collector Cum Chairman Allotment Committee, Punayata Industrial Area, Pali.

4. The District Industries Centre, Pali, Through General Manager Cum Member Secretary.

----Respondents S.B. Civil Writ Petition No. 4895/2022 M/s Ramjan Desizing, Through Its Proprietor, Ramjaan S/o Shri Mohd. Iqbal, Age 40 Years, By Caste Chhipa, R/o 105, Badi Maszid Ke Peeche, Pyara Chowk, Pali.

----Petitioner Versus

1. Rajasthan State Industrial And Investment Corporation Ltd., Through Its Chairman And Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Senior Regional Manager, Rajasthan State Industrial And Investment Corporation Ltd., I.t.i. Road, Pali.

3. The Collector Cum Chairman, Allotment Committee, Punayata Industrial Area, Pali.

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4. The District Industries Centre, Pali Through General Manager Cum Member Secretary.

----Respondents S.B. Civil Writ Petition No. 16361/2022 Mehta Dyeing Industries, Through Its Proprietor Shri Sampat Raj Bhandari S/o Shri Sohranraj Bhandari, R/o F-1-50, Mandia Raod, Pali (Raj.).

----Petitioner Versus

1. Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Through Its Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Regional Manager, Rajasthan State Industrial Development And Investment Corporation Limited (Riico), District Pali.

3. The Allotment Committee, Rajasthan State Industrial Development And Investment Corporation Limited Through Its Chairman, The District Collector, Pali (Raj.).

----Respondents S.B. Civil Writ Petition No. 3013/2023 M/s Mahendra Prints, Through Its Proprietor Mahendra Kumar Jain S/o Shri Paras Mal Jain, Aged About 49 Years, R/o 9, Vardhman Nagar, Pali Marwar (Raj.)

----Petitioner Versus

1. Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Through Its Chairman And Managing Director, Udhyog Bhawan, Tilak Marg, Jaipur.

2. The Senior Regional Manager, Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Pali, District Pali.

3. Land Allotment Committee, Through District Collector Pali, District Pali.

                                                                 ----Respondents





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S.B. Civil Writ Petition No. 3783/2021

Momin Dying Company, Through Its Proprietor Farid Mohammad S/o Shri Hussain Ji , B/c Musalman, Aged About 37 Years, R/o Madina Masjid Ke Pas, Ward No. 17, Balotra, District Barmer.

----Petitioner Versus

1. State Of Rajasthan, Through Chairman And Managing Director Rajasthan State Industrial Development And Investment Corporation Ltd. Udhyog Bhawan, Tilak Marg, Jaipur.

2. The Regional Manager, Rajasthan State Industrial Development And Investment Corporation Ltd., Khed Road, Balotra, District Barmer.

----Respondents

S.B. Civil Writ Petition No. 6272/2021

Madina Dying Works, Through Its Proprietor Yusuf Ali S/o Shri Hazi Mohammed, B/c Musalman, Aged About 71 Years, R/o Marwar Hardware, Khed Road, Old U.p. Center Gali, Balotra, District Barmer.

----Petitioner Versus

1. State Of Rajasthan, Through Chairman And Managing Director Rajasthan State Industrial Development And Investment Corporation Ltd. Udhyog Bhawan, Tilak Marg, Jaipur.

2. The Regional Manager, Rajasthan State Industrial Development And Investment Corporation Ltd., Khed Road, Balotra, District Barmer.

----Respondents

S.B. Civil Writ Petition No. 10335/2021

Govind Ram S/o Bhura Ram Choudhary, Aged About 45

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Years, College Road, Pali (Raj.)

----Petitioner Versus

1. Rajasthan State Industrial Development And Investment Corp Ltd. (Riico), Through Its Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Regional Manager, Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Pali.

3. Allotment Committee, Rajasthan State Industrial Development And Investment Corporation Limited Through Its Chairman, The District Collector, Pali.

----Respondents

S.B. Civil Writ Petition No. 2341/2022

M/s Mohd Khwaja Dyeing Company, Through Its Proprietor Jamaludeen S/o Mangu Deen, Aged About 53 Years, Resident Of Near Lalji Ka Than, Ward No. 17, Balotra, District Barmer (Raj.).

----Petitioner Versus

1. Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Through Its Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Senior Regional Manager, Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Kher Road, Industrial Area, Balotra, District Barmer.

----Respondents Connected With S.B. Civil Writ Petition No. 921/2011 Parasmal

----Petitioner Versus

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State Of Raj. And Ors.

----Respondent S.B. Civil Writ Petition No. 11443/2011 Mohd. Imran

----Petitioner Versus State Collector Barmer And Ors

----Respondent S.B. Civil Writ Petition No. 11534/2011 Sona Ram

----Petitioner Versus State Collector Barmer And Ors

----Respondent S.B. Civil Writ Petition No. 13162/2012 M/s. Mohd. Yunush Dyeing Works

----Petitioner Versus State Of Raj. And Ors

----Respondent S.B. Civil Writ Petition No. 13163/2012 M/s. Mayur Madhavi Mills

----Petitioner Versus State Of Raj. And Ors

----Respondent S.B. Civil Writ Petition No. 13164/2012 Niraj Kumar

----Petitioner Versus State Of Raj. And Ors

----Respondent

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S.B. Civil Writ Petition No. 2594/2014 Sanwal Ram

----Petitioner Versus State And Ors.

----Respondent S.B. Civil Writ Petition No. 3526/2015 M/s Man Ganga Dying Company

----Petitioner Versus Raj. State Indu. Deve. And Inv. And Anr.

----Respondent S.B. Civil Writ Petition No. 15331/2017 M/s Arafat Textiles, Balotra, District Barmer Through Manager, Imran S/o Shri Shabir, Resident Of Main Bazar, Balotra Raj.

----Petitioner Versus

1. Rajasthan State Industrial Development And Investment Corporation Limited Riico, Through Its Manag, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Senior Regional Manager, Rajasthan State Industrial Development And Investment Corporation Riico, Kher Road, Industrial Area, Balotra, District Barmer

----Respondents S.B. Civil Writ Petition No. 15340/2017 M/s Tak Textiles, Through Its Proprietor Imran S/o Shri Shabir, Resident Of Main Bazar, Balotra Raj.

----Petitioner Versus

1. Rajasthan State Industrial Development And Investment Corporation Limited Riico, Through Its Manag, Udyog Bhawan, Tilak Marg, Jaipur.

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2. The Senior Regional Manager, Rajasthan State Industrial Development And Investment Corporation Limited Riico, Kher Road, Industrial Area, Balotra, District Barmer

----Respondents S.B. Civil Writ Petition No. 15443/2017 Ismile Khan S/o Shri Barkat Khan Chhipa, Resident Of Lalji Ka Than, Balotra, District Barmer Proprietor Of M/s M. Janata Textile, Jerla Road, Balotra.

----Petitioner Versus

1. Rajasthan State Industrial Development And Investment Corporation Limited Riico, Through Its Manag, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Senior Regional Manager, Rajasthan State Industrial Development And Investment Corporation Limited Riico, Kher Road, Industrial Area, Balotra, District Barmer.

----Respondents S.B. Civil Writ Petition No. 15444/2017 M/s Rajasthan Textiles Through Proprietor Shri Alta Ahmed S/o Noor Mohammed, Resident Of Sadar Bazar, Khatriyon Ka Chowk, Balotra, District Barmer.

----Petitioner Versus

1. Rajasthan State Industrial Development And Investment Corporation Limited Riico, Through Its Manag, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Senior Regional Manager, Rajasthan State Industrial Development And Investment Corporation Limited Riico, Kher Road, Industrial Area, Balotra, District Barmer

----Respondents S.B. Civil Writ Petition No. 15600/2017 Radheyshyam Textile Through Proprietor Santosh Kumar Sharma S/o Shri Nathu Lal Sharma, By Cast - Brahmin,

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R/o Mohini Niwas, Near Old Bus Stand, Balotra, District - Barmer, Rajasthan.

----Petitioner Versus

1. Rajasthan State Industrial Development And Investment Corporation Limited Riico, Through Its Manag, Udhyog Bhawan, Tilak Marg, Jaipur, Rajasthan.

2. The Regional Manager, Rajasthan State Industrial Development And Investment Corporation Limited Riico, Industrial Area, Balotra, District - Barmer.

----Respondents S.B. Civil Writ Petition No. 1740/2018 M/s Parasram Fabrics, Through Its Proprietor Nand Kishore S/o. Shri Rameshwar Lal, By Caste Agarwal, R/o. Agarwal Colony, Near Agarsen School, Balotra, Barmer.

----Petitioner Versus

1. Rajasthan State Industrial Development And Investment Corporation Limited Riico, Through Its Manag, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Regional Manager, Rajasthan State Industrial And Invetment Corporation Limited Riico, Balotra, District Barmer.

----Respondents S.B. Civil Writ Petition No. 7272/2018 Madina Textile Through Its Proprietor Mohd. Ayub S/o Shri Mohd. Habib, Resident Of Near Madina Masjid, Ward No. 17, Balotra, District Barmer.

----Petitioner Versus

1. Rajasthan State Industrial Development And Investment Corporation Riico Limited, Through Its Managing Director, Udhyog Bhawan, Tilak Marg, Jaipur

2. The Regional Manager, Rajasthan State Industrial

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Development And Investment Corporation Limited Rii, Balotra, District Barmer.

3. The District Collector Cum Allotment Committee, Barmer.

----Respondents S.B. Civil Writ Petition No. 7275/2018 Jilani Dyeing Company Through Its Proprietor Mohd. Hussain S/o Shri Mohd. Habib, Resident Of Near Madina Masjid, Ward No. 17, Balotra, District Barmer.

----Petitioner Versus

1. Rajasthan State Industrial Development And Investment Corporation Limited Riico, Through Its Managing Director, Udhyog Bhawan, Tilak Marg, Jaipur

2. The Regional Manager, Rajasthan State Industrial Development And Investment Corporation Limited Rii, Balotra, District Barmer.

3. The District Collector Cum Allotment Committee, Barmer.

----Respondents S.B. Civil Writ Petition No. 11201/2018 M/s Mohd. Sayed Dying Company, Through Its Proprietor Bundu Khan S/o, Usman, By Caste Musalmaan, Having Its Office At Harizan Basti Ward No. 22, Balotra, District Barmer.

----Petitioner Versus

1. Rajasthan State Industrial Development And Investment Corporation Limited, (Riico), Through Its Managing Director, Udyog Bhawan, Tilak Marg, Jaipur

2. The Regional Manager, Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Balotra, District Barmer.

                                                       ----Respondents




                               (20 of 64)                         [CW-1311/2022]




S.B. Civil Writ Petition No. 12023/2018 Maha Arihant Finishing, Through Its Proprietor Ashok Kumar S/o Shri Mishri Mal Aged About 42 Years, Rabariyon Ka Tanka No. 1, Balotra, Dist. Barmer

----Petitioner Versus

1. Rajasthan State Industrial Development And Investment Corporation Limited(Riico), Through Its Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Regional Manager, Rajathan State Industrial Development And Investment Corporation Limited (Riico), Balotra, Dist. Barmer.

3. The District Collector Cum Allotment Committee, Barmer.

----Respondents S.B. Civil Writ Petition No. 12092/2018 Maha Sagar Chemical, Through Its Proprietor Hastimal S/o Shri Sagarmal, Aged About 52 Years, Resident Of Ward No. 4, Regarpura, Dhanji I Dhani, Balotra, District Barmer (Raj.)

----Petitioner Versus

1. Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Through Its Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Regional Manager, Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Balotra, District Barmer.

3. The District Collector Cum Allotment Committee, Barmer.

----Respondents S.B. Civil Writ Petition No. 12118/2018 Krishna Dyeing Company, Through Its Proprietor Gautam Chand Jain S/o Mishri Mal Jain Aged About 45 Years,

(21 of 64) [CW-1311/2022]

Resident Of Jerla Road, Ward No. 15, Balotra, District Barmer (Raj.)

----Petitioner Versus

1. Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Through Its Managing Director, Udhyog Bhawan, Tilak Marg, Jaipur.

2. The Regional Manager, Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Balotra District Barmer.

3. The District Collector Cum Allotment Committee, Barmer.

----Respondents S.B. Civil Writ Petition No. 12136/2018 Maharani Dyeing Company, Through Its Proprietor Bhagwana Ram S/o Shri Tulchha Ram, Aged About 55 Years, Resident Of Mahadev Colony, Ward No. 22, Balotra, District Barmer (Raj.)

----Petitioner Versus

1. Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Through Its Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Regional Manager, Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Balotra, District Barmer.

3. The District Collector Cum Allotment Committee, Barmer.

----Respondents S.B. Civil Writ Petition No. 17397/2018 Madras Finishing Works, Proprietor Sakina Banu W/o Shri Vali Mohd., Aged About 46 Years, Resident Of Third Crossing, Regarpura, Balotra, District Barmer (Raj.).

                                                             ----Petitioner




                               (22 of 64)                         [CW-1311/2022]




                                Versus
1.    Rajasthan      State       Industrial       Development        And

Investment Corporation Limited (Riico), Through Its Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Regional Manager, Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Balotra, District Barmer.

3. The District Collector Cum Allotment Committee, Barmer.

4. The Divisional Commissioner, Jodhpur (Camp Balotra).

----Respondents S.B. Civil Writ Petition No. 17409/2018 Faird Mohd Dyeing, Proprietor Hinifa Wd/o Shri Farid Mohd, Aged About 44 Years, R/o Panghat Road, Balotra Through Her Power Of Attorney Holder Shri Imran S/o Shri Sabirji, Aged About 35 Years, R/o Sadar Bazar, Balotra, District Barmer (Raj.).

----Petitioner Versus

1. Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Through Its Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Regional Manager, Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Balotra, District Barmer.

3. The District Collector Cum Allotment Committee, Barmer.

4. The Divisiional Commissioner, Jodhpur (Camp Balotra).

----Respondents S.B. Civil Writ Petition No. 17411/2018 Reliance Dhulai Works, Through Its Proprietor Om Prakash S/o Shri Mishri Mal Mali, R/o Gandhipura,

(23 of 64) [CW-1311/2022]

Balotra, District Barmer (Raj.).

----Petitioner Versus

1. Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Through Its Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Regional Manager, Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Balotra, District Barmer.

3. The District Collector Cum Allotment Committee, Barmer.

4. The Divisiional Commissioner, Jodhpur (Camp Balotra).

----Respondents S.B. Civil Writ Petition No. 19149/2018 M/s. Lala Ram Kana Ram, Having Its Office At Opposite Roop Ji Ka Bera, Near Shamshan Ghat, Balotra, District Barmer, Through Its Power Of Attorney Holder Mohd. Imran S/o Mohd. Sabir, Age About 34 Years, R/o Nagina Masjid, Chatriyo Ka Morcha Panghat Road, Balotra.

----Petitioner Versus

1. Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Through Its Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Regional Manager, Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Balotra, District Barmer.

----Respondents

S.B. Civil Writ Petition No.2320/2022

Ramdhan Cotton Mills, Through Its Proprietor Smt. Basanti Devi W/o Shri Raghuveer Prasad, Aged About 61 Years, Resident Of Ward No. 4, Agarwal Colony, Balotra, District

(24 of 64) [CW-1311/2022]

Barmer (Raj.).

----Petitioner Versus

1. Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Through Its Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Regional Manager, Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Balotra, District Barmer.

3. The District Collector Cum Allotment Committee, Barmer.

4. The Divisional Commissioner Cum Allotment Committee, Jodhpur (Camp Balotra).

----Respondents Connected With S.B. Civil Writ Petition No. 3831/2013 Suryodaya Industries, Balotra

----Petitioner Versus Raj. State Indu. Deve. And I.c. Ltd., And An

----Respondent S.B. Civil Writ Petition No. 5101/2013 Manbhawan Dhulai Works, Balotra

----Petitioner Versus Raj. State Indu. Deve. And I.c. Ltd., Andanr

----Respondent S.B. Civil Writ Petition No. 7558/2013 K.d. Process,

----Petitioner Versus Raj. State Indu. Deve. And I.c. Ltd., Andors

----Respondent

(25 of 64) [CW-1311/2022]

S.B. Civil Writ Petition No. 8369/2013 M/s. Ashok Kothari And Company,

----Petitioner Versus Raj. State Indu. Deve. And I.c. Ltd., Andors

----Respondent S.B. Civil Writ Petition No. 8539/2013 Mohammad Gani

----Petitioner Versus State Andors.

----Respondent S.B. Civil Writ Petition No. 9144/2013 Gulam Rasool

----Petitioner Versus State And ors.

----Respondent S.B. Civil Writ Petition No. 3177/2014 M/s Mahadev Rangai

----Petitioner Versus State And Ors.

----Respondent S.B. Civil Writ Petition No. 7504/2015 M/s Vandana Synthetics Mills

----Petitioner Versus Riico And Ors.

----Respondent S.B. Civil Writ Petition No. 8330/2016 M/s Prem India Fabrics

----Petitioner

(26 of 64) [CW-1311/2022]

Versus State And Anr.

----Respondent S.B. Civil Writ Petition No. 10046/2016 M/s. Vishal Textiles

----Petitioner Versus State And Anr

----Respondent S.B. Civil Writ Petition No. 10305/2016 M/s. Jeetu Products

----Petitioner Versus State And Anr

----Respondent S.B. Civil Writ Petition No. 5332/2021 M/s. Vinayak Febtek, Through Its Proprietor Smt. Vandana Karnawat W/o Shri Rajnish Karnawat, Aged About 51 Years, R/o 1, Ahinsha Complex, Ambedkar Circle, Pali, Rajasthan.

----Petitioner Versus

1. Raj. State Industrial Deve. And Investment Cor.

Ltd., (Riico), Through Its Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Regional Manager, Rajasthan State Industrial Development And Investment Corporation Limited, (Riico), Pali.

3. The District Collector Pali, Pali, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 6110/2021

1. M/s Narendra Tex Printers, Through Its Proprietor Narendra Kumar Talesara S/o Udairaj Ji Talesara, Aged About 53 Years, R/o 138, Mahaveer Nagar, Pali, Rajasthan.

(27 of 64) [CW-1311/2022]

2. M/s Narendra Printers, Through Its Proprietor Rakhi Talesara W/o Narendra Kumar Talesara, Aged About 50 Years, R/o 138, Mahaveer Nagar, Pali, Rajasthan.

3. M/s Madhu Tax Mils, Through Its Proprietor Smt Madhu Bohra W/o Pramod Kumar Bohra Aged About 45 Years, R/o 75, Jodhpuriya Bass Pali, Rajasthan.

4. M/s Akashy Finishing, Through Its Proprietor Vijay Kishore Bohra S/o Mishrimal Bohra, Aged About 50 Years, R/o 14, Nehru Nagar, Pali, Rajasthan.

5. M/s Nakoda Industries, Through Its Proprietor Smt Nisha Baliya W/o Mukesh Baliya, Aged About 45 Years, R/o 16, Baliyo Ka Bass, Pali, Pali, Rajasthan.

6. M/s Manak Enterprises, Through Its Proprietor Pradeep Kumar Golcha S/o Sumer Mal Golcha, Aged About 55 Years, R/o 212, Veer Durga Das Nagar, Pali, Pali, Rajasthan.

7. M/s Rahul Fabrics, Through Its Proprietor Sanjay Kumar Golcha S/o Sumer Mal Golcha, Aged About 57 Years, R/o 212, Veer Durga Das Nagar, Pali, Pali, Rajasthan.

----Petitioners Versus

1. Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Through Its Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Regional Manager, Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Pali.

3. District Collector, Pali, Pali, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 8407/2021 M/s Navkar Finishing, Ramlela Maidan, Pali. Through Its Proprietor Smt. Rama Kanwari W/o Shri Dileep Kumar Ji, Age About 59 Years, By Caste Jain, R/o 27, Bada Bas, District Pali.

                                                              ----Petitioner



                                 (28 of 64)                         [CW-1311/2022]



                                 Versus

1. Rajasthan State Industrial And Investment Corp.

Ltd., Through Its Chairman And Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Senior Regional Manager, Rajasthan State Industrial And Investment Corporation Ltd. I.t.i. Road, Pali.

3. The Collector-Cum-Chairman Allotment Committee, Punayata Industrial Area, Pali.

4. The District Industries Center, Pali. Through General Manager-Cum-Member Secretary.

----Respondents S.B. Civil Writ Petition No. 9411/2021 Vinod Textile Mills

----Petitioner Versus

1. Rajasthan State Industrial And Investment Corporation Ltd., Through Its Chairman And Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Senior Regional Manager, Rajasthan State Industrial And Investment Corporation Ltd. I.t.i. Road, Pali.

3. The Collector-Cum-Chairman, Allotment Committee, Punayata Industrial Area, Pali.

4. The District Industries Centre, Pali. Through General Manager-Cum-Member Secretary.

----Respondents S.B. Civil Writ Petition No. 2028/2022 Magan Dyeing, Through Its Manager Mahesh Lalwani S/o Late Shri Daya Ram Lalwani, Aged About 38 Years, Resident Of Gandhipura, Vanarchowk, Balotra, District Barmer (Raj.).

                                                               ----Petitioner
                                 Versus
1.    Rajasthan       State       Industrial        Development          And



                                   (29 of 64)                          [CW-1311/2022]



Investment Corporation Limited (Riico), Through Its Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Regional Manager, Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Balotra, District Barmer.

3. The District Collector Cum Allotment Committee, Barmer.

4. The Divisional Commissioner Cum Allotment Committee, Jodhpur (Camp Balotra).

----Respondents

S.B. Civil Writ Petition No. 10653/2023

Sonu Industries, Bajrang Bari, Pali Through Its Partners -

1. Rajmal Kawad S/o Shri Vijay Raj Kawad, Age 52 Years, By Caste Jain, R/o 108, Sojatiya Bas, Pali. 2. Vidhya Devi W/o Shri Nand Kishore, Age 67 Years, R/o 12, Khatriyo Ka Mohalla, Pali

----Petitioner Versus

1. Rajasthan State Industrail And Investment Corporation Ltd., Through Its Chairman And Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Senior Regional Manager, Rajasthan State Industrail And Investment Corporation Ltd. I.t.i. Road, Pali.

3. The Collector Cum Chairman, Allotment Committee, Punayata Industrial Area, Pali.

4. The District Industries Centre, Pali, Through General Manager Cum Member Secretary.

----Respondents Connected With S.B. Civil Writ Petition No. 17709/2022 Hanuman Fabrics, Bajrang Bari, Pali Through Its Proprietor Saurabh Arora S/o Shri Nand Kishore Arora,

(30 of 64) [CW-1311/2022]

Age 40 Years, By Caste Arora, R/o Khatriyo Ka Mohalla, Pali.

----Petitioner Versus

1. Rajasthan State Industrial And Investment Corporation Ltd., Through Its Chairman And Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Senior Regional Manager, Rajasthan State Industrial And Investment Corporation Ltd., I.t.i. Road, Pali.

3. The Collector Cum Chairman Allotment Committee, Punayata Industrial Area, Pali.

4. The District Industries Centre, Pali Through General Manger Cum Member Secretary.

----Respondents S.B. Civil Writ Petition No. 11020/2023 Kamal Prints, Bajrang Bari, Pali Through Its Partners- 1. Manish Arora S/o Shri Nand Kishore Arora, Age 47 Years, By Caste Arora, R/o Khatrio Ka Mohalla, Pali. 2. Ram Niwas Jat S/o Shri Pancha Ram, Age 53 Years, R/o Mewra, Tehsil Degana, District Nagaur.

----Petitioner Versus

1. Rajasthan State Industrial And Investment Corporation Ltd., Through Its Chairman And Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Senior Regional Manager, Rajasthan State Industrial And Investment Corporation Ltd. I.t.i. Road, Pali.

3. The Collector-Cum-Chairman Allotment Committee, Punayata Industrial Area, Pali.

4. The District Industries Centre, Pali, Through General Manager-Cum-Member Secretary.

                                                         ----Respondents




                                 (31 of 64)                          [CW-1311/2022]



S.B. Civil Writ Petition No. 10859/2023

Ganpati Process, 6, Setho Ka Bas, Pali (Raj.), Through Its Proprietor Vinod Kumar Lodha S/o Balchand J, Age 59 Years, By Caste Jain, R/o 6, Setho Ka Bas, Pali (Raj.)

----Petitioner Versus

1. Rajasthan State Industrial And Investment Corporation Ltd., Through Its Chairman And Managing Director, Udhyog Bhawan, Tilak Marg, Jaipur.

2. The Senior Regional Manager, Rajasthan State Industrial And Investment Corporation Ltd. I.t.i. Road, Pali.

3. The Collector-Cum-Chairman Allotment Committee, Punayata Industrial Area, Pali.

4. The District Industries Centre, Pali, Through General Manager-Cum-Member Secretary.

----Respondents

S.B. Civil Writ Petition No. 10999/2023

Nandu Dyeing, Bajrang Bari, Pali Through Its Partners- 1. Nand Kishore Arora S/o Shri Mohan Lal Ji Arora, Age 70 Years, By Caste Arora, R/o 12, Khatrio Ka Mohalla, Pali. 2. Kavita Kawad W/o Shri Sohan Ji Kawad, Age 52 Years, By Caste Kawad, R/o Sojatiya Bas, Pali.

----Petitioner Versus

1. Rajasthan State Industrial And Investment Corporation Ltd., Through Its Chairman And Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Senior Regional Manager, Rajasthan State Industrial And Investment Corporation Ltd. I.t.i. Road, Pali.

3. The Collector-Cum-Chairman Allotment Committee, Punayata Industrial Area, Pali.

4. The District Industries Centre, Pali, Through General Manager-Cum-Member Secretary.

                                 (32 of 64)                          [CW-1311/2022]



                                                               ----Respondents


S.B. Civil Writ Petition No. 11004/2023

Raju Processing Center, Bajrang Bari, Pali Through Its Proprietor - Naman Arora S/o Shri Nand Kishore Arora, Age 39 Years, By Caste Arora, R/o Khatriyo Ka Mohalla, Pali.

----Petitioner Versus

1. Rajasthan State Industrial And Investment Corporation Ltd., Through Its Chairman And Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Senior Regional Manager, Rajasthan State Industrial And Investment Corporation Ltd. I.t.i. Road, Pali.

3. The Collector-Cum-Chairman Allotment Committee, Punayata Industrial Area, Pali.

4. The District Industries Centre, Pali, Through General Manager-Cum-Member Secretary.

----Respondents

S.B. Civil Writ Petition No. 11757/2023

Shwet Shilp Industries, Shastri Nagar, Bajrang Bari, Pali, Through Its Partners - 1. Vinod Kumar Maheshwari S/o Shri Sawar Mal, Age 67 Years, By Caste Maheshwari, R/o 2-Kha- 10, Housing Board, Pali. 2. Smt. Soniya Arora W/o Shri Naman Arora, Age 37 Years, R/o Khatriyo Ka Mohalla, Pali.

----Petitioner Versus

1. Rajasthan State Industrial And Investment Corporation Ltd., Through Its Chairman And Managing Director, Udyog Bhawan, Tilk Marg, Jaipur.

2. The Senior Regional Manager, Rajasthan State Industrial And Investment Corporation Ltd., I.t.i. Road, Pali.

3. The Collector-Cum-Chairman, Allotment Committee, Punayata Industrial Area, Pali.

(33 of 64) [CW-1311/2022]

4. The District Industries Centre, Pali, Through General Manager-Cum-Member Secretary.

----Respondents

S.B. Civil Writ Petition No. 1615/2022

Ramdhan Industries, Through Its Proprietor Shri Sarju Kishore Gupta S/o Shri Ramdhan Ji, Aged About 57 Years, Resident Of Ward No. 4, Agarwal Colony, Balotra, District Barmer (Raj.).

----Petitioner Versus

1. Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Through Its Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Regional Manager, Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Balotra, District Barmer.

3. The District Collector Cum Allotment Committee, Barmer.

4. The Divisional Commissioner, Cum Allotment Committee Jodhpur (Camp Balotra).

----Respondents Connected With S.B. Civil Writ Petition No. 1470/2022 Smt. Sita Devi W/o Shri Jai Prakash Goyal, Aged About 59 Years, Ward No. 3, Agarwal Colony, Balotra, District Barmer (Raj.), Proprietor Of Shree Process.

----Petitioner Versus

1. Rajastha State Industrial Dev. And Investment Corp.

Limited (Riico), Through Its Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Regional Manager, Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Balotra, District Barmer.

3. The District Collector Cum Allotment Committee, Barmer.

(34 of 64) [CW-1311/2022]

4. The Divisional Commissioner Cum Allotment Committee, Jodhpur (Camp Balotra).

----Respondents

S.B. Civil Writ Petition No. 2322/2022

Hem India Mills, Through Its Proprietor Babu Lal S/o Shri Bhiam Ram Mali, Aged About 62 Years, R/o Agarwal Colony, Ward No. 3, Balotra, District Barmer (Raj.).

----Petitioner Versus

1. Rajasthan State Industrial Development And Investment Cor. Ltd. (Riico), Through Its Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Regional Manager, Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Balotra, District Barmer.

3. The District Collector Cum Allotment Committee, Barmer.

4. The Divisional Commissioner Cum Allotment Committee, Jodhpur (Camp Balotra).

----Respondents

S.B. Civil Writ Petition No. 2270/2022

Ramanuj Industries, Through Its Proprietor Shrawan Kumar S/ o Shri Pukhraj, Aged About 47 Years, Ward N. 7, Near Ramdhan Office, Agarwal Colony, Balotra, District Barmer (Raj.).

----Petitioner Versus

1. Rajasthan State Industrial Development And Investment Cor. Ltd. (Riico), Through Its Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Regional Manager, Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Balotra, District Barmer.

3. The District Collector Cum Allotment Committee, Barmer.

(35 of 64) [CW-1311/2022]

4. The Divisional Commissioner Cum Allotment Committee, Jodhpur (Camp Balotra).

----Respondents

S.B. Civil Writ Petition No. 10709/2023

Jai Hanuman Desizing, Bajrang Bari, Pali Through Its Proprietor Varsha Arora W/o Saurabh Arora, Age 38 Years, R/o Khatriyo Ka Mohalla, Pali.

----Petitioner Versus

1. Rajasthan State Industrial And Investment Corporation Ltd., Through Its Chairman And Managing Director, Udhyog Bhawan, Tilak Marg, Jaipur.

2. The Senior Regional Manager, Rajasthan State Industrial And Investment Corporation Ltd. I.t.i. Road, Pali.

3. The Collector-Cum-Chairman Allotment Committee, Punayata Industrial Area, Pali.

4. The District Industries Centre, Pali, Through General Manager-Cum-Member Secretary.

----Respondents

S.B. Civil Writ Petition No. 6887/2015

Mohan Lal Mandot

----Petitioner Versus State And Ors

----Respondent

S.B. Civil Writ Petition No. 11780/2021

M/s. Chopra Industries, Through Its Proprietor Shri Pukhraj Chopra S/o Shri Ganeshmal Chopra, Aged About 72 Years, R/o 105, Mahaveer Nagar, Pali (Raj.).

----Petitioner Versus

1. Raj. State Industrial Development And Investment Cor.

(36 of 64) [CW-1311/2022]

Ltd., Through Its Managing Director, Udyog Bhawan, Tilak Marg, Jaipur.

2. The Regional Manager, Rajasthan State Industrial Development And Investment Corporation Limited (Riico), Pali.

3. Allotment Committee, Rajasthan State Industrial Development And Investment Corporation Limited Through Its Chairman, The District Collector, Pali.

----Respondents

For Petitioner(s) : Mr. O.P. Mehta with Mr. V.D. Gaur, Mr.B.S. Sandhu, Mr. Girish Kumar Sankhala, Mr. Rakesh Arora, Mr.N.S. Rajpurohit, Mr.Devkinandan Vyas, Mr.Mahaveer Singh, Mr. Rahul Sharma for Mr. Pankaj Kumar Bohra,, Mr.P.D. Bohra, Mr. Hemant Ballani, Mr.Tushar Moad, Mr. Sunil Vyas and Mr.Rajesh Choudhary.

For Respondent(s) : Mr. K.S. Rajpurohit, AAG with Mr.Rajat Arora, Mr. Sanjeet Purohit, Mr. R.D. Bhadu Dy.G.C., Mr. Aidan Choudhary, Mr. Talat Bari & Mr. M.S. Purohit.

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Judgment

Reserved on 01/08/2023, 07/08/2023, 17/08/2023, 18/08/2023, 19/08/2023 & 21/08/2023 Pronounced on 31/08/2023

1. Though the present petitions were heard separately and on

different dates, but looking into the commonality of the issues

involved in all the present petitions, notwithstanding the marginal

variation in the contextual facts, they are being decided by this

common judgment.

1.1. The instant petitions pertain to allotment of industrial plots

by the Rajasthan State Industrial Development And Investment

(37 of 64) [CW-1311/2022]

Corporation Limited (RIICO), in lieu of shifting of the industries, in

compliance of the directions issued by a Division Bench of this

Hon'ble Court in D.B. Writ Petition (PIL) No.2481/2002 (Mahesh

Pareek Vs. State of Rajasthan & Ors., decided on 02.04.2004),

whereby directions were issued for shifting of the existing

industries situated in the non-conforming areas/municipal areas of

Balotra and Pali districts (Rajasthan).

1.2. In pursuance of the same, a survey was conducted under

the directions of the concerned authorities, whereupon a survey

list was prepared showing that certain industrial units were found

functional in the non-conforming areas of Balotra and Pali districts.

Thereafter, it was decided, as a mandatory measure, that those

industrial units whose names have been mentioned in the survey

list and applies accordingly, in pursuance of the concerned

advertisement(s), shall be considered for the allotment of the

industrial plots in question, subject to mandatory production of

the documents, as mentioned in the said advertisement(s).

1.3. However, the aforementioned process, as regards the

districts of Balotra & Pali, in particular, gave rise to twin issues.

The said twin issues relating to the said districts, which fall for

consideration of this Court in the present petitions, read as under:

(a) Certain industrial units, whose names though figured in

the survey list, but have not been considered for allotment

of the industrial plot(s) in question.

(38 of 64) [CW-1311/2022]

(b) Certain industrial units, whose names, neither figured

in the survey list, nor they have been considered for

allotment of the industrial plot(s) in question.

2. For the purpose of the present analogous adjudication, this

Court considers it appropriate to draw the outline thereof, by

mentioning, in the present judgment, the factual matrix pertaining

to the districts of Balotra and Pali (Rajasthan), separately;

likewise, the submissions advanced on behalf of the parties and

the observations of this Court, shall also be drawn separately.

2.1. However, prior thereto, it is considered appropriate to

reproduce the prayer clauses of the said two writ petitions,

covering, in sum and substance, the reliefs, as claimed in all the

instant petitions, as hereunder:

S.B. Civil Writ Petition No.1311/2022:

"It is, therefore, most humbly and respectfully prayed that this Writ Petition of the petitioner may kindly be accepted and:-

(i) By an appropriate writ, order or direction, the impugned rejection order dated 13.05.2017 (Annexure-18) as far as rejection of candidature of petitioner firm for allotment of industrial plot is question may kindly be quashed and set aside and consequence thereof the application for allotment of industrial plot made by the petitioner firm (Annexure-

10) may kindly be allowed and the respondent authority R.I.I.C.O. may kindly be directed to allot the industrial plot in favour of the petitioner firm forthwith at rate prevailing on the date of making application.

(iii) any other order or direction, which this Hon'ble Court deem just and proper be passed in favor of the petitioner firm.

(39 of 64) [CW-1311/2022]

(iv) Costs of this writ petition may kindly be awarded to the petitioner firm."

S.B. Civil Writ Petition No.1311/2022:

"It is, therefore, most humbly and respectfully prayed that this writ may kindly be allowed and by a writ of mandamus or any other appropriate writ, order and directions:

(i) The e-auction notice dated 03.03.2021 (Annexure-7) may kindly be declared illegal and be quashed and set aside, to the extent, it propose to make allotment of 10 industrial plot situated in Punayata Industrial Area, Pali;

(ii) The order dated 19.02.2021 (Annexure-8) alongwith letter dated 10.03.2021 passed by the District Collector, Pali may also be quashed and set-aside.

(iii) The respondent RIICO may further be directed to make proper compliance of the judgment passed by the Hon'ble Court in the earlier round of writ petition and to make allotment of industrial plot to the petitioner.

(iv) Any other relief which this Hon'ble Court deems just and proper in favour of the petitioner may kindly be granted.

(v) The cost of the writ petition be allowed in favour of the petitioner."

3. To appropriately deal with the first issue i.e. (a) Certain

industrial units, whose names though figured in the survey

list, but have not been considered for allotment of the

industrial plot(s) in question, the factual matrix is being taken

from the above-numbered S.B. Civil Writ Petition

No.1311/2022 (for adjudication relating to Balotra District)

and the above-numbered S.B. Civil Writ Petition

(40 of 64) [CW-1311/2022]

No.5449/2021 (for adjudication relating to Pali District),

while treating the same as lead cases.

3.1. As per the facts pleaded in S.B. Civil Writ Petition

No.1311/2022 (for the adjudication relating to Balotra

District), the petitioner-Firm was running a small scale industry in

municipal limits of the Balotra District (Rajasthan). On count of

increasing pollution levels in Balotra, the aforementioned Public

Interest Litigation (PIL) was preferred before this Hon'ble Court,

wherein the Division Bench of this Hon'ble Court, on 02.04.2004,

issued certain directions; the relevant portion of the said

judgment is reproduced as hereunder:-

"I. The Pollution Control Board shall immediately make fresh inspection of the Textile Processing Units at Pali and surrounding areas and in case any of the units are found to be creating pollution and not connected to the CETPs shall be closed.

II. The units which are creating pollution shall adopt measures to eliminate pollution.

III. RIICO shall set up industrial area at a suitable place exclusively for textile processing units. The industrial area must be located at an appropriate distance from residential areas. RIICO shall set up the industrial area within a period of six months and the industry shall be shifted to the industrial area from residential areas immediately thereafter.

IV. The trust shall make modification in the CETP so that the emissions therefrom are compatible with the norms prescribed by the Pollution Control Board.

V. The industrial units which are discharging the industrial pollutant on the land or/and river shall be closed forthwith.

VI. The State shall employ experts to assess the damage caused to the environment and health of the public by the pollution created by the Units. On assessment of the damage,

(41 of 64) [CW-1311/2022]

the concerned authority shall file a report in this court within a period of eight weeks, whereupon the question of payment of compensation by the units on the principles of polluter pays shall be determined".

3.1.1. In compliance of the said directions, the respondent- RIICO

issued an advertisement dated 14.10.2010 and invited

applications for making allotment of the industrial plots at the new

and appropriately distant location for establishing the industries in

question, in lieu of shifting of the industrial units; the said

advertisement was published in the newspaper, wherein the list of

documents, for the purpose, was also mentioned.

3.1.2. The petitioner-Firm applied for allotment of the land under

the RIICO Disposal of Land Rules, 1979 alongwith the requisite

demand draft. The respondent-RIICO vide order dated 12.09.2012

however, rejected the application of the petitioner on the ground

that petitioner has not furnished certain requisite documents.

3.1.3. The petitioner thereupon, filed a various representations

against the aforesaid rejection order; whereafter the petitioner

also filed a writ petition (S.B.C.W.P. No.10936/2013) before this

Hon'ble Court, which was decided on 13.12.2021, while directing

the respondents to pass a fresh order, after duly considering the

documents so furnished by the petitioner. Thereafter, the

respondent-RIICO hold a Meeting on 13.05.2017, and drawn the

Minutes thereof, rejecting the petitioner's application on the

ground that the petitioner-Firm was not in existence at the time of

rejection, whereas the plots were lying vacant, residential colonies

(42 of 64) [CW-1311/2022]

are established and other shops/godowns were running on the site

concerned.

3.1.4. Learned counsel for the petitioners submitted that the

impugned orders were passed by the respondent-RIICO without

giving any opportunity them.

3.1.5. Learned counsel for the petitioners further submitted that

on one hand, the respondent-RIICO did not voluntarily furnish the

copy of the impugned rejection orders, while on the other hand,

the industrial plots were being allotted continuously to the other

industrial units by auction.

3.1.6. Learned counsel for the petitioners also submitted that the

petitioners filed applications for allotment of the industrial plots in

question along with all the relevant documents mentioned in the

advertisement published by the respondent-RIICO, and therefore

the entire impugned action of the respondent is illegal and not

justified in law.

3.1.7. Learned counsel for the petitioners further submitted that

the petitioners have the electricity connections, Pollution

Certificates, Title Documents, Balance Sheets/ Income Tax

Returns, and other documents mentioned in the advertisement

prior to the year 2004 i.e. 02.04.2004, and therefore, on that

count also, the impugned action of the respondent is not

sustainable in the eye of law.

3.1.8. Learned counsel for the petitioners also submitted that the

petitioners are eligible for allotment of the industrial plots in

question, as though they have produced all the relevant

(43 of 64) [CW-1311/2022]

documents, but the respondent-RIICO without considering the

same passed the impugned orders.

3.1.9. Learned counsel for the petitioners further submitted that

the Municipal Council, Balotra conducted the survey and issued

the list of the industries running in the Municipal Limits of Balotra,

and also prepared the survey report, wherein the names of the

petitioners were included, which clearly shows the existence of the

petitioners as industry in Balotra.

3.1.10. Learned counsel for the petitioner also submitted that

various plots are still lying vacant, but the respondent-RIICO

wishes to make fresh allotment of such plots through auction,

which cannot be permissible, because the industrial area has been

established only for the industries, which are sought to be shifted.

Therefore, as per learned counsel, the entire conduct of the

respondent-RIICO is arbitrary and against the rule of law.

3.1.11. On the other hand, learned counsel appearing on behalf of

the respondents, while opposing the aforesaid submissions made

on behalf of the petitioners, submitted that due deliberations,

pertaining to the applications of the petitioners for the allotments

in question, were made by the Allotment Committee comprising

the Divisional Commissioner and the District Collector, whereupon,

the Committee has recorded a specific reason that the petitioners

have not submitted the mandatory documents, and thus, they do

not fall under the criteria for allotment of the industrial plots in

question.

(44 of 64) [CW-1311/2022]

3.1.12. Learned counsel for the respondents further submitted

that for the purpose of shifting of the industries in question, the

Municipal Council, Balotra conducted the survey, wherein 115

units were being found functional in non-conforming areas of

Balotra. Thereafter, the Allotment Committee was constituted and

headed by the District Collector, Balotra. The advertisement in

question was issued in the newspaper, for submission of

applications alongwith the relevant documents i.e. Electricity bills,

Notices issued by Pollution Control Board, Balance-Sheet, Income

Tax Returns, Sales Tax Valuations, Purchase & Sales Bills, Audit

Reports, Documents pertaining to ownership of land and affidavit.

3.1.13. Learned counsel for the respondents also submitted that

the entire process was completed by the Committee headed by

the Divisional Commissioner, Jodhpur, after site inspection, and

finally, all the applications were duly considered and decided,

thereafter, the allotments of the industrial plots in question were

done.

3.1.14. Learned counsel for the respondents further submitted

that the applications of the petitioners were rejected, no sole on

the ground of non-production of all the requisite documents, as

mentioned in the advertisement dated 14.12.2010, , but also, at

the time of deciding the applications of the petitioners, certain

other deficiencies, such as i.e. show cause notice of water

pollution board, electricity bill, income tax return, audit report and

other relevant documents, were found, which also were

mandatory as per the advertisement dated 14.12.2010.

(45 of 64) [CW-1311/2022]

3.1.15. Learned counsel for the respondents also submitted that

the some industrial plots in question, as were demanded by the

petitioners, were already allotted to the other industrial units, who

were duly entitled therefor, on count of submission of all the

requisite documents; apart therefrom, dual allotment of the same

industrial plots is not permissible in law.

3.1.16. It was further submitted that the final decision in the

matter of allotment was taken by the Committee headed by the

District Collector in the year 2014 as well as the Committee

headed by the Divisional Commissioner in the year 2017, and

therefore, the concurrent rejection of the applications of the

petitioners so validly made, is justified in law.

3.1.17. It was also submitted that the petitioners herein could not

show their bona fides so far as the present case is concerned,

because the documents, which were submitted by the petitioners

were not reliable and there were various deficiencies in the same;

therefore, the industrial plots in question were not allotted to

them; thus, the impugned action of the respondent-RIICO does

not suffer any legal infirmity.

3.2. As the facts pleaded in S.B. Civil Writ Petition

No.5449/2021 (for adjudication relating to Pali District)

would reveal, in compliance of the directions issued by the

Division Bench of this Hon'ble Court on 02.04.2004 in the

aforementioned PIL Petition, the respondent-RIICO, Pali issued an

advertisement dated 11.05.2009, inviting applications for making

allotments of the industrial plots, at the new and appropriately

(46 of 64) [CW-1311/2022]

distant location for establishing the industries in question, in lieu

of shifting of the industrial units; the said advertisement was

published in the newspaper, wherein the list of documents, for the

purpose, was also mentioned.

3.2.1. The petitioner filed an application along with all the relevant

documents before the respondents for allotment of the industrial

plot in question, the respondents vide minutes of the meetings

dated 29.09.2009 and 05.11.2009, rejected the said application.

3.2.2. The said rejection order was challenged by the petitioner

before this Hon'ble Court by preferring a writ petition (S.B.C.W.P.

1186/2010), whereupon this Hon'ble Court vide order dated

17.04.2013, directed the respondent to reconsider the application

of the petitioner. The respondents thereupon, filed a Special

Appeal before a Division Bench of this Hon'ble Court; whereupon

the Hon'ble Division Bench vide order dated 11.07.2016 remanded

the matter back to the Hon'ble Single Bench. Thereafter, the

Hon'ble Court vide order 28.08.2019, directed the respondents to

re-consider the application of the petitioner.

3.2.3. The respondent issued a notice dated 08.01.2021 to the

petitioner calling upon it to produce all the relevant documents

within the seven days thereafter, in compliance whereof, the

petitioner submitted all the relevant documents. The respondent

vide order dated 19.02.2021 rejected the claim of the petitioner.

Subsequently, the respondent proceeded to issue an e-auction

notice on 03.03.2021 and also initiated the process of allotment of

plots in Punayata Industrial Area by way of auction.

(47 of 64) [CW-1311/2022]

3.2.4. Learned counsel for the petitioners submitted that as per

the documents, the petitioners being situated in a non-conforming

area prior to the year 2003-2004, they were entitled to get the

industrial plots in question; however, the respondent in any

arbitrary manner and without any reasoning passed the impugned

orders.

3.2.5. Learned counsel for the petitioners further submitted that

name of the petitioners were included in the survey list, prepared

in pursuance of the survey so conduced by the concerned

municipal body, and thus, they were duly entitled for the allotment

of the industrial plots in question.

3.2.6. Learned counsel for the petitioners also submitted that

petitioners though produce all the documents as mentioned in the

advertisement in question, but the Allotment Committee, while

completely ignoring such documents, passed the impugned

orders, which is highly illegal and unjustified in law.

3.2.7. Learned counsel for the petitioners further submitted that in

accordance with the order passed by the Hon'ble Court, and as per

the advertisement, there was no requirement of all the

documents, as required by the respondents; in case the

petitioners were able to produce any one document, they were

fully eligible for the allotment of the industrial plots in question.

3.2.8. Learned counsel for the petitioners also submitted that

various writ petitions was preferred before this Hon'ble Court,

wherein the Hon'ble Court directed the respondent to reconsider

the applications of the petitioners, but despite of the same, the

(48 of 64) [CW-1311/2022]

respondent, in any arbitrary manner, rejected the application of

the petitioners vide the impugned orders.

3.2.9. Learned counsel for the petitioners further submitted that in

some of the writ petitions, the respondent allotted the industrial

plots in question to the tenant of the land, while rejecting the

applications of the landlord (petitioners), without there being any

consent for such allotment; therefore, as per learned counsel, on

that count also, the impugned action of the respondent is

unjustified in law.

3.2.10. On the other hand, learned counsel appearing on behalf of

the respondents, while opposing the aforesaid submissions made

on behalf of the petitioners, submitted that the Allotment

Committee was headed by the District Collector, and thus, the

respondent-RIICO was not the sole decision-making authority;

rather the respondent-RIICO is only one of the members of the

Allotment Committee, and therefore, the impugned orders passed

after considering all the relevant aspects of the case, are justified

in law.

3.2.11. Learned counsel for the respondents further submitted

that the Allotment Committee followed the conditions, as

mentioned in the advertisement in question as well as the

guidelines issued by the Hon'ble Court. Learned counsel also

submitted that the Allotment Committee has considered in all 102

matters, and thereupon, as many as 90 claims have been

rejected, which did not fulfill the necessary conditions for the

allotment of the industrial plots in question.

(49 of 64) [CW-1311/2022]

3.2.12. Learned counsel for the respondents further submitted

that the Industrial Area was planned with 333 plots and the

process of allotment was started in the year 2005; whereafter, the

allotment was done in a phased manner; the necessary

documents, as required were; (a) Title Proof such as allotment

letter/patta (if the industry is situated within the municipal area)

and jamabandi (in case of industry is situated upon the

agricultural land); (b) Electricity bill of the present / earlier time;

(c) Affidavit that the industry has already been closed down;(d) In

case of tenant, the rent agreement and the undertaking of owner

to the effect that he will not claim the plot in future; (e) Clearance

issued by the Pollution Board.

3.2.13. Learned counsel for the respondents also submitted that

after a perusal of the applications of the petitioners, many

deficiencies were found in the aforesaid documents i.e. the

Electricity bill indicated that the connection was pertaining to the

domestic category / duplicate bill, lack of pollution board

certificate, title / patta of the land issued after the year 2004 etc.;

and in some cases, there was no existence of the industry in year

2004. Therefore, the petitioners were not eligible for allotment of

the industrial plots in question.

3.2.14. Learned counsel for the respondents further submitted

that in the order dated 02.04.2004, the Hon'ble High Court (In

S.B.C.W.P. No.1186/2010) observed that, "The Allotment

Committee is directed to consider the applications of the

petitioners afresh for allotment of existing plots in industrial area,

punayata, Pali objectively while taking into consideration the

(50 of 64) [CW-1311/2022]

documentary proof submitted by the petitioners and pass

reasoned order in this regard". Therefore, the Allotment

Committee were duly powered to pass the impugned orders, after

due deliberation, and thus, the impugned action of the respondent

is justified in law.

3.2.15. Learned counsel for the respondents also submitted that

the Allotment Committee passed the impugned orders, after duly

considering the individual application, examining all the

documents submitted by the petitioners as well as after affording

an adequate opportunity of hearing to all the petitioners and

others; therefore, there is no illegality in the impugned orders

passed by the respondent.

3.2.16. It was further submitted that each and every case was

dealt with individually and the documents as well as each and

every aspect of the matter were taken into consideration by the

Allotment Committee; only thereafter, the applications of the

ineligible industrial units, including the petitioners, were rejected

vide the impugned orders.

4. As regards the second issue i.e. Certain industrial units,

whose names, neither figured in the survey list, nor they

have been considered for allotment of the industrial plot(s)

in question also, it is informed that the factual matrix, as set out

hereinabove qua the first issue, being substantially same, needs

no separate narration in the present judgment.

4.1. Learned counsel for the petitioners submitted that numerous

textile industries were in operation prior to 2004 in the municipal

(51 of 64) [CW-1311/2022]

area of Balotra/Pali, and in pursuance of the directions issued by

the Hon'ble Court, all the said existing industries were closed

down including the industries of the petitioners; in such

circumstances, the petitioners were clearly entitled to get

allotment of the industrial plot in the industrial area, by way of

shifting/relocation and till such claim of the petitioners or any

other individual Firm is pending, there is no justification available

with the respondent authorities to make allotment of the plots to

anyone else.

4.1.2. Learned counsel for the petitioners further submitted

that the respondent-RIICO issued a notification dated 09.12.2011

and the same was published in the newspaper, inviting

applications along with relevant documents from the industrial

units established prior to the year 2004 and whose names were

not mentioned in the survey list prepared by the concerned

municipal body. In pursuance of such notification, total 132

applications were received by the respondent. While the said

applications remained pending for three years, the respondent

vide communication dated 18.06.2014 rejected the applications in

its meeting dated 09.06.2014.

4.1.3. Learned counsel for the petitioner further submitted

that the different survey lists were prepared by the different

authorities, whereupon certain industrial units raised objections

regarding the genuineness and correctness of the said survey

list(s).

                                   (52 of 64)                     [CW-1311/2022]


4.1.4      Learned counsel for the petitioners also submitted that

the impugned communication dated 09.10.2014 issued by the

respondents without giving opportunity of hearing, and thus, no

justification was found in the impugned order. It was further

submitted that the petitioners-industries were found in non-

conforming areas prior to the year 2004, but despite of the same,

the respondent did not consider their applications.

4.1.5. Learned counsel for the petitioners further submitted

that the respondents were not justified in law, in rejecting the

applications of the petitioners for allotment of industrial plots in

place of the industrial units already closed down, in pursuance of

the directions of the Hon'ble Court.

4.1.6. Learned counsel for the petitioners also submitted that

before taking the impugned decision of rejection of the petitioners'

applications in the meeting headed by the Hon'ble Minister

concerned, the petitioners were not given an opportunity of

hearing; furthermore, such decision was decision without duly

appreciating the merits of individual application; thus, the

impugned decision is also violative of the principles of natural

justice and suffers from non-application of mind.

4.1.7. Learned counsel for the petitioners further submitted that

the petitioners' case is supported by documentary evidence, which

clearly reveals that the petitioners' unites were in operation in the

non-conforming area of Balotra/Pali prior to 2004; the said units

were closed down in compliance of the Hon'ble Court's order,

whereby, the Hon'ble Court in unequivocal terms directed the

(53 of 64) [CW-1311/2022]

respondent to shift the industries falling in non-conforming area to

a new industrial area to be established by the respondents. Thus,

on that count also, the impugned orders are unjustified in law.

4.1.8. Learned counsel for the petitioners also submitted as per

the respondent's own stand, the scrutiny of 131 pending

applications and decision thereon is to be taken by the Committee

headed by the District Collector. Such applications were received

in pursuance of the notification so issued by the respondent itself.

As per learned counsel, it was also assured to the petitioners that

the individual application shall be considered on its own merit.

However, the respondents have changed their stand and the

applications were rejected vide the impugned orders, which is not

sustainable in the eye of law.

4.1.9. Learned counsel for the petitioners further submitted that

the respondents themselves knowing fully well that there were

discrepancies in the survey list; in pursuance of the notification

issued in the year 2011, 132 applications were received duly

supported by documentary evidence, including that of the

petitioners; but despite the same, the impugned orders were

passed by the respondent, which is not justified in law.

4.1.10. Learned counsel for the petitioners also submitted that

the present case is a glaring example of hostile discrimination, on

count of the fact that various other incumbents whose names

were not mentioned in the survey list and filed the application at a

later stage, their cases were dealt with in pursuance of the

representations submitted by them; however, the same treatment

(54 of 64) [CW-1311/2022]

was not meted out to the other similarly situated incumbents,

including the present petitions; thus, on that count also, the

impugned orders deserves to be quashed and set aside.

4.1.11. Learned counsel for the petitioners further submitted that

the petitioners have also submitted their applications for allotment

of the plot in pursuance of the notification issued in the year 2011,

but the respondent did not taken any decision thereon; now the

respondents are charging new rates, for no delay on the part of

the petitioners. Thus, as per learned counsel, the impugned action

on the part of the respondents is not sustainable in the eye of law.

4.1.12. On the other hand, learned counsel appearing on behalf

of the respondents, while opposing the aforesaid submissions

made on behalf of the petitioners, submitted that the District

Collector in its individual capacity has directed issuance of the

advertisement in the year 2011, thereby inviting applications from

the applicants, even if their names have not been mentioned in

the survey list. Pursuant to the said advertisement, 132

applications were received, but none of the applicants have

deposited the requisite fee/application fee alongwith the

applications.

4.1.13. Learned counsel for the respondents further submitted

that the decision to call for applications even from the incumbents

not having their name in the survey list, has not been taken by

the Allotment Committee, nor any approval of the same has been

taken from the Industries Department.

(55 of 64) [CW-1311/2022]

4.1.14. Learned counsel for the respondents also submitted that

the issues in question were discussed in a meeting of a high level

committee in the year 2015, under the Chairmanship of the

Hon'ble Minister of Industries, Government of Rajasthan, Jaipur,

comprising also the Managing Director, RIICO, District Collector

and various others officers, and in the said meeting, a conscious

decision was taken that since the industries, including the

petitioners, were not found in the survey being conducted by the

municipal body concerned, therefore, their applications cannot be

considered for allotment of the industrial plots in question.

Therefore, as per learned counsel, it was decided in the said

meeting to reject and return all the 132 applications so received in

pursuance of the advertisement in question.

4.1.15 It was further submitted that the decision to quash the

said process of allotment, which was initiated in pursuance of the

advertisement dated 09.12.2011, and the action of rejecting 132

applications was taken in the meeting dated 08.06.2015, while the

petitioners did not challenge the said decision, and thus, the wit

petitions are not maintainable.

4.1.16 It was also submitted that the survey list was a mandatory

precondition and the petitioners' names were not included in

survey list, and therefore, the rejection of the said application is

completely justified in law.

5. Heard learned counsel for the parties as well as perused the

record of the case.

                                       (56 of 64)                         [CW-1311/2022]


5.1. As regards the first issue, pertaining to                                   Balotra

District, this Court observes that after the aforementioned order

of the Division Bench of this Hon'ble Court ,the industrial units in

Balotra were shifted at a distant place from the residential areas;

the municipal body of Balotra conducted the necessary survey,

whereafter the respondent-RIICO issued the advertisement dated

14.10.2010 and invited applications for allotment of industrial

plots in question and the said advertisement was published in the

newspaper. The petitioners applied along with documents for

allotment of the industrial plots in question. The respondent-RIICO

vide the impugned orders rejected the applications of the

petitioners on the ground that the petitioners have not filed all the

requisite documents.

5.2. This Court further observes that the respondent-RIICO

clearly mentioned the list of the all necessary documents, which

were required to be submitted by the concerned industrial units,

including the present petitioners, in pursuance of the

advertisement in question; the list of the documents, pertaining to

the period prior to 02.04.2004, as mentioned in advertisement,

were as follows:-

"1- fnukad 02-04-04 ls iwoZ ds fctyh ds fcy fd lR;kfir izfrfyfiA

2- fnukad 02-04-04 ls iwoZ ds jkt- iznw"k.k fu;a=.k e.My ds }kjk voS/k iznwf"kr bdkbZ;ksa dks tkjh fd;s x;s uksfVl dh lR;kfir izfrfyfiA 3- bdkbZ;ksa ds Hkwfe LokfeRo ls lacaf/kr nLrkostksa dh izekf.kr o lR;kfir izfrfyfiA 4- fnukad 02-04-04 ls iwoZ dh LFkkfir bdkbZ;ksa dks fdjk;snkj@ykbZlsUl/kkjh }kjk pyk;s tkus ls lacaf/kr fdjk;sukes@ykbZlsUl dh izekf.kr lR;kfir izfrfyfiA

(57 of 64) [CW-1311/2022]

5- fnukad 02-04-04 ls iwoZ dh bdkbZ;ksa dh cSysUl 'khV dh izfrfyfi@bUde VsDl fjVZu dh izfrfyfi@lsy VsDl ewY;kadu dh izfrfyfi@dz;&foØ; ds fcy dh lR;kfir izfrfyfiA 6- LFkkfir bdkbZ ds nqdku vf/kfu;e ds rgr iathdj.k dh lR;kfir izfrfyfiA 7- LFkkfir bdkbZ ds vkWfMV fjiksVZ dh lR;kfir izfrfyfiA 8- LFkkfir bdkbZ dks bl vk'k; dk 'kiFk i= nsuk gksxk fd vkS|ksfxd {ks= esa f'kQ~V gksus ds ckn esa iwoZ esa LFkkfir bdkbZ esa dksbZ vkS|ksfxd dk;Z ugha d:axkA vkSj vxj d:axk rks esjk vkS|ksfxd {ks= esa vkoafVr Hkw[k.M fujLr djus dk vf/kdkj lfefr dk gksxk rFkk bdkbZ }kjk iwoZ dh LFkkfir bdkbZ can djus dh QksVks izLrqr djuh gksxhA"

5.3. This Court also observes that the petitioners have not

submitted the all the documents as required, and even in certain

documents so filed, the same suffered from many deficiencies i.e.

the some electricity bills submitted by the petitioners, were

pertaining to the period after 02.04.2004, and that, the same

were the bills pertaining to domestic connection, which were not

permissible, as per the advertisement in question.

5.4. This Court further observes that in some cases, the

petitioners have also not produced the relevant show cause

notice/certificate issued by the Pollution Control Board, as per the

advertisement in question.

5.5. This Court also observes that in some of the case, the

petitioners did not produce any Balance Sheet/Income Tax Returns

for proving that they are eligible for allotment of the industrial

plots in question.

5.6. This Court further observes that the aforementioned list of

documents was mandatory in nature and the industrial units,

(58 of 64) [CW-1311/2022]

including the petitioners were required to submit all the

documents, as per the advertisement in question; thus, even if a

single document is not submitted, then the concerned industrial

units, including the petitioner, cannot claim allotment of the

industrial plots in question. This Court also observes that in the

present case, not a single petitioner herein has made the

mandatory compliance with regard to the aforementioned list of

documents; even in the documents so submitted, 2-3 deficiencies

were found individually in each of the case.

5.7. This Court also observes that after a perusal of the material

produced by the petitioners and the respondents in each of the

petitions, individually, there is not a single case, which comes

under the category of eligible industrial units, so as to get the

allotment of the industrial plots in question.

5.8. This Court further observes that the Allotment Committee

included the District Collector Barmer, Sub-Divisional Officer,

Balotra, General Manager, DIC, Barmer, Regional Officer, Pollution

Control Board, Commissioner Municipal Board, Balotra, Unit Head

RIICO Balotra and other members.

5.9. This Court also observes that the applications of the

petitioners were duly reviewed by the Allotment Committee

comprising the Divisional Commissioner and the District Collector,

in an objective manner, and after considering the claim and the

objections, the impugned orders were passed; therefore, it is clear

the Allotment Committee not biased towards any industrial unit,

and thus, the impugned orders so passed are justified in law.

(59 of 64) [CW-1311/2022]

6. Having regard to the first issue pertaining to Pali

District, this Court observes that the respondent-RIICO, Pali

issued the advertisement dated 11.05.2009 inviting applications

for allotment of the industrial plots in question at the new and

appropriately distant location for establishing the industries in

question, in lieu of shifting of the industrial units. The petitioners

filed the applications with all relevant documents before the

respondents for allotment of the industrial plots in question; the

respondents, vide the minutes of the dated 29.9.2009 and

05.11.2009, rejected the said applications. Thereafter, the order

for re-consideration of the applications was passed by the Hon'ble

Court, as informed by learned counsel for the petitioners. The

respondents vide order dated 19.02.2021 rejected the said

application of the petitioners. Subsequently, the respondents

proceeded to issue an e-auction notification on 03.03.2021 and

also initiated the process for allotment of the plots of Punayata

Industrial Area by way of auction.

6.1. This Court further observes that the list of the documents as

mentioned in the advertisement in question, were as follows:

"1- ftl d`f"k Hkwfe ij m|ksx LFkkfir Fkk mlds [kljk ua- dh tekcanh dh udy ,oa ;fn uxjikfydk }kjk vkoafVr Hkwfe ij LFkkfir Fkk rks uxjikfydk dk Hkw[k.M vkoaVu dk izek.k i=A 2- o"kZ 2004 ls iwoZ ds fo|qr dusD'ku fcy] fo|qr laca/k ,oa mRiknu ds vU; nLrkostksa izek.kA 3- vkosnudrkZ }kjk iwoZ esa LFkkfir vkS|ksfxd bdkbZ dks d`f"k Hkwfe@uxj ikfudk dh Hkwfe ls gVk;k tk pqdk gS bl vk'k; dk 'kiFk i= ¼:i;s 10@& ds ukWu T;wfMf'k;y LVkEi isij ij uksVsjh ls lR;kfir½

(60 of 64) [CW-1311/2022]

4- ;fn fdlh fdjk;snkj }kjk vkS|ksfxd Hkw[k.M ds vkoaVu gsrq vkosnu i= izLrqr djuk gksxk fd Hkwfe Lokeh dks vkS|ksfxd {ks= iquk;rk esa Hkw[k.M dh vko';drk ugha gS vkSj uk gh iwoZ esa izkIr fd;k gS vkSj uk gh Hkfo"; esa ekax djsxkA"

6.2. This Court also observes that in some of the petitions, the

petitioners do not have non-domestic electricity connection, even

in some of the cases where domestic electricity bill was produced,

the same pertained to the period after 2004, and thus, do not fall

under the criteria lay down in the advertisement in question. This

Court further observes that in some of the cases, handwritten

electricity bills were produced, which were not authentic and

reliable.

6.3. This Court further observes that in some of the cases, the

industrial plots in question were already allotted to the tenants by

the Allotment Committee, after due review of the applications, and

now the landlord, cannot demand for dual allotments, as the same

is not permissible under the law.

6.4. This Court also observes that the list of documents

mentioned in the advertisement in question was mandatory to be

complied with and each and every documents mentioned in the

advertisement in question required to be submitted for

consideration of the case for allotment of the industrial plots in

question.

6.5. This Court also observes that all the documents mentioned in

the advertisement in question were necessary to be submitted and

the same was also held by a Coordinate Bench of this Hon'ble

Court in case of Vinayak Febtax Vs RIICO Ltd. Anr (S.B.Civil

(61 of 64) [CW-1311/2022]

Writ Petition No. 769/2010, Other Connected Matter,

decided on 25.03.2019), relevant portion whereof is reproduced

as hereunder:

"The writ petitions are disposed of with the following directions:-

1. The petitioners are directed to file fresh applications alongwith all necessary documents to prove their eligibility for their respective claim seeking allotment of an industrial plot and deposit the requisite charges on or before 15.05.2019.

4. While adjudging the entitlement of the applicants, the Allotment Committee shall act strictly in accordance with law and shall take into account the following factors:

i. Preferably the name of the industry is included/shown in any of the survey lists prepared by the State Authorities including the list prepared by the District Industries Centre, Pali.

ii. The applicant has submitted the relevant documents as required in the advertisement issued by the RIICO for making allotment of industrial plot.

iii. The applicant has produced the documentary proof showing the existence and functioning of the industry prior to passing of the judgment of this Court in the year 2004."

6.6. This Court further observes that after a perusal of the

material produced in each of the cases by the petitioners as well

as the respondents, it becomes crystal clear that not a single

petitioner has submitted the complete requisite documents,

strictly as per the advertisement in question, and thus, they were

rightly declared as ineligible for allotment of the industrial plots in

question.

6.7. This Court also observes that the Allotment Committee,

comprising, amongst others, the various officers from the

(62 of 64) [CW-1311/2022]

Government Departments, have made due consideration and

review of the documents so submitted by the petitioners, prior to

passing of the impugned orders, and thus, this Court is

completely satisfied that is nothing on record, which could show

any arbitrariness or illegality in the impugned action of the

respondents.

6.8. This Court further observes that the Survey was conducted

by the concerned municipal body, whereafter, the Allotment

Committee was constituted, which has decided to call the

applications along with the aforementioned relevant documents of

all the industrial units, whose names were shown in the survey

list, for due consideration, examination and review.

6.9. This Court also observes that the advertisement dated

09.12.2011 has been issued whereby the applications were invited

from the individual industrial units, whose names were not

mentioned in the survey list; in pursuance of the said

advertisement, 132 applications were received by the respondents

and thereafter the said applications were rejected by the

respondent vide the impugned communication.

6.10. This Court further observes that firstly, the Allotment

Committee issued advertisement dated 14.10.2010 for inviting

applications along with relevant documents for allotment of the

industrial plots in question and thereafter, again issued the

advertisement dated 01.11.2011 in the local newspaper; yet

thereafter, the applications along with relevant documents were

invited from the industrial units, whose names were included in

(63 of 64) [CW-1311/2022]

the survey list, but then under some misconception an

advertisement dated 09.12.2011 has been issued, whereby the

application were invited from the industrial units, whose names

were not included in the survey list.

6.11. This Court also observes that the advertisement dated

09.12.2011 was quashed on 08.06.2015, in the Committee

meeting held under the Chairmanship of Minister of Industries,

Jaipur, Principal Secretary, Industries & MD, RIICO, District

Collector, Barmer and other officers, while stating that the names

of the industries mentioned therein did not figure in the survey

list, and therefore, cannot be considered for allotment of the

industrial plots in question.

6.12. This Court further observes that the precondition for

consideration for allotment of the industrial plots in question, was

that the name of the industries must figure in the survey list,

prepared in pursuance of the conducted by the concerned

municipal body; but since the said condition was not fulfilled in

case of the petitioners, therefore, their applications for the

allotment in question stood rejected.

6.13. This Court also observes that the survey by the concerned

municipal body was the important component for the purpose of

shifting of the industries in question, and that, for consideration

for allotment of the industrial plots in question, the concerned

industries must have their existence in the non-conforming areas;

therefore, due since such pre-condition was not duly fulfilled by

the petitioners herein, which resulted into non-inclusion of their

(64 of 64) [CW-1311/2022]

names in the survey list in question, therefore, the impugned

action of the respondents is justified in law.

6.14. This Court further observes that the advertisement dated

09.12.2011 was not under consideration as the same was

rejected/returned in meeting dated 08.06.2015 by the Committee,

which comprised of members of higher posts, from various

Government Departments, and therefore it cannot be said that

any arbitrary and illegal action was taken by the said Committee.

7. Thus, in light of the aforesaid observations and looking into

the factual matrix of the present case, this Court does not find it a

fit case so as to grant any relief to the petitioners in the present

petitions.

8. Consequently, the present petitions are dismissed. All

pending applications stand disposed of.

(DR.PUSHPENDRA SINGH BHATI), J.

SKant/-

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