Srikant Chachan And Others vs State Of Rajasthan And Others

Vinit Kumar Mathur, J

The defects pointed out by the office are overruled.

The controversy involved in the present writ petitions is identical, therefore, they are being disposed of with this common order.

With the consent of the learned counsel for the parties, the matters are being heard and decided finally today itself.

The petitioners are aggrieved by the auction notice dated 14.02.2022 and the subsequent notice dated 26.07.2022 issued by the Municipal Council, Hanumangarh. The petitioners herein are the persons, who are in possession of the shops allotted to them by the Colonization Department, since, 1991. The land of the Krishi Upaj Mandi Samiti, Hanumangarh was transferred to the Municipal Board, Hanumangarh in the year 2002.

The dispute arose when the Municipal Council, Hanumangarh issued an auction notice for grant of rear portion of the shops treating them to be the independent blocks. The petitioners who are in occupation of the shops since 1991, claim that since the respondents have allotted the rear portion of the shop premises to the similarly situated persons as the strip land, therefore, the same treatment should be extended to them by offering them the rear portion of their shop premises as strip land.

Learned Senior Counsel for the petitioners submits that not extending the same benefit to the present petitioners will be nothing but a hostile discrimination being practiced against them vis-à-vis those persons who are holding the shops in their line and they have been granted the rear portion of their shops land as strip of land. In these circumstances, learned Senior Counsel submits that the petitioners are entitled for the same treatment for grant of the rear portion of their shop premises as strip land on the price in accordance with law prevailing in the Mandi Complex.

Per contra, learned counsel for the Municipal Council, Hanumangarh submits that the matter is already pending consideration before the Secretary, Local Self Department, Government Of Rajasthan, Jaipur and the grievance of the petitioners can be redressed by the Secretary, Local Self Department, Government Of Rajasthan, Jaipur. Learned counsel for the respondents disputes the fact that the rear portion of the shop is strip land as claimed by the petitioners. He further submits that the auction which was to take place today i.e. 24.08.2022 has been postponed. He, therefore, submits that the entire grievance of the petitioners is being looked upon by the Secretary, Local Self Department, Government Of Rajasthan, therefore, no order is warranted in the present case.

I have considered the submissions made at the Bar and have gone through the pleadings placed before this Court.

The fact that the persons who are having the shops adjacent to the petitioners have been extended the benefit of the rear portion of their shop land on the market value assessed by the respondents treating the same to be as strip land. There is no reason for this Court to believe that the respondents will take different stand than the one taken in the case of the persons similarly situated. However, the matter is pending consideration before the Secretary, Local Self Department, Government Of Rajasthan, Jaipur, the same will be looked upon. The previous instances will be taken into consideration while deciding the present issue of the petitioners.

In these circumstances, the present writ petitions are disposed of with a direction to the Secretary, Local Self Department, Government Of Rajasthan, Jaipur to grant an opportunity of hearing to the petitioners before deciding the controversy involved in these cases. For the purpose the petitioners will file representation and appear before the Secretary, Local Self Department, Government of Rajasthan, Jaipur on or before 09.09.2022 and thereafter as ordered by him. The Secretary, Local Self Department, Government of Rajasthan, Jaipur will decide the individual cases within a period of four weeks thereafter strictly in accordance with law.

It is made clear that if the petitioners are aggrieved of the decision made by the Secretary, Local Self Department, Government Of Rajasthan, Jaipur, they will be free to take the remedial measures available under the law.