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Judgment
J.R. Chopra, J.—This appeal is directed against the order passed by the learned single Judge dated August 10, 1989, whereby the writ petition of the petitioners, who were employees of the Public Health Engineering Department, for allotment of the plots has been dismissed. The petitioners came with a case that certain plots which have been carved out in Khasra No. 392 measuring 67.2 bighas. forming part of Ajmeri Darvaja Scheme of Nagaur Town be allotted to them in its entirety and the allotments made in favour of the private persons vide Annexures 24 to 27 be cancelled.
The Municipal Board framed Schemes, for residential plots in four parts. These lour Schemes are -- South side of Amar Singh ki Chhutari, Front side of Adarsh Nagar College, Outside Ajmeri Darvaju Scheme and Jai Narain Vyas Nagar. The first Scheme consists of 124 plots. The second one 129 plots, the third one, which is. the disputed Scheme consists of 213 plots but ultimately they have been allotted 269 plots and the fourth scheme is 342 plots. There is a stay by the Commissioner so far as Scheme No. 4, i.e. Jai Narain Vyas Nagar is concerned and the judicial Courts have issued stay for allotment of the plots so far as Scheme No. 2, i.e. Front side of Adarsh Nagar College is concerned. Scheme No. 1 has already been implemented.
Even if it be treated that Scheme No. 3 has 269 plots, then as per rules, the Government Servants are entitled to a reservation of 20%, which comes to 54 plots.
Mr. Bheem Arora has submitted that as per Annexure R/11, 17 plots have already been allotted to the Government Servants by lots and rest of the plots have been allotted to others in pursuance of Rule 17 of the Rajasthan Municipalities (Disposal of Urban Land) Rules, 1974. When as against 54 plots, 117 plots have already been allotted to the Government Servants, the Government Servants cannot claim that plots allotted to others should be cancelled and they be allotted to them. Their reserved quota stands already fulfilled by allotting to them twice the number of plots lor the reservation of which they are entitled to as per Rules and accordingly, the learned single Judge was perfectly justified in dismissing their writ petition. As there are four Scheme, 20% allotment can be claimed only against each particular Scheme and not jointly against all the Schemes.
Mr. Bheem Arora submitted that they are bound to reserve 20% plots in each Scheme to the Government Servants but that cannot be done jointly for all the four Schemes in one single Scheme and, therefore, to that extent, the contention of the appellant cannot be sustained.
In the result, this appeal has no force and it is hereby dismissed, with no order as to costs.