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Judgment
Pushpendra Singh Bhati, J
In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, lawyers have been advised to refrain from coming to
the Courts.
Learned counsel for the parties jointly submit that the controversy involved in this matter is covered by the judgment rendered by this Court in Jugal
Kishore Chanda Advocate Vs. State Urban Improvement Department & Anr. (S.B. Civil Writ Petition No.2953/2011) on 17.11.2021, operative
portion of the judgment reads as follows:
“This Court after going through record of case and hearing the submissions made by counsel for the parties finds that since the State Government
has accorded sanction to allotment of 22 plots in favour of Government servants in the same Scheme, in the same category having income above
Rs.20,000/- per month, then there is no reason why the petitioners, who being Advocates, are being deprived of the same benefit. This Court also finds
that the total amount as sought by respondents has already been deposited by petitioners and although cheque was given back but the petitioners but
as they have not encashed the cheque, thus, the amount continues to remain with respondents and the respondents are in possession of vacant plots.
The discrimination made on count of income above Rs.20,000/- for advocates is set aside considering the fact that UIT, Jodhpur had launched the
Scheme for advocates and they cannot be kept at a prejudicial position vis-a-vis other allottees.
In view of aforesaid discussion, both the writ petitions are allowed with the direction to the respondents to allot the plots concerned to the petitioners
herein on the same terms and conditions as was allotted to them. The plots allotted, if are not vacant and have been allotted to somebody else, then it
shall be open for the respondents to make alternate allotment of plots of the same size.â€
In light of the aforequoted judgment, the present writ petition is also disposed of in the same terms. Stay petition as well as all pending applications also
stand disposed of accordingly.