JUDGMENT
Sunil Kumar GARG, J.
1. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents with a prayer that by an appropriate writ, order or direction, the respondents be directed to allot the plot to the petitioner and further more letter dtd. 8.1.1999 (Annex. 6) issued by the Executive Officer. Municipal Board, Rajsamand (respondent No. 2) by which a sum of Rs. 6910/- was further demanded as lease money for 10 years be quashed and set aside.
2. The facts of the case as put forward by the petitioner are as under:
(i) That the petitioner filed an application before respondents for allotment of a residential plot. The respondents through notice dtd. 30.9.1985 (Annex. 1) allowed the application and demanded Rs. 6250/- as sale price. The petitioner deposited the amount of Rs. 6250/- as sale price on 11.10.1985 (Annex. 2) The respondents allotted a plot No. 18 in the Scheme named as Koyad ‘B’ at Kankroli and issued a lease-deed dtd. 24.2.1987 (Annex. 3). After issuance of lease-deed dtd. 24.2.1987 (Annex. 3), the petitioner requested the respondents for giving physical possession of the plot No. 18 through various representations and one of the representations dtd. 15.1.1991 is marked as Anex. 4.
(ii) That thereafter the respondents issued notice dtd. 8.1.1999 (Annex. 6) to the petitioner that the plot No. 18 was disputed one so now they allotted another plot No. 2 in Koyad ‘B’ Scheme measuring 25′ x 50′ in place of Plot No. 18 and further demanded a sum of Rs. 6910/- as lease money for the new Plot No. 2 allotted to her.
3. In this writ petition the petitioner has challenged the notice dtd. 8.1.1999 (Annex. 6) on two grounds:
(i) That even in compliance of notice dtd. 8.1.1999 (Annex. 6), vacant possession of Plot No. 2 has not been handed over to the petitioner.
(ii) That demand of Rs. 6910/- as lease money is arbitrary as he had already paid the sale price of plot No. 18 earlier allotted to him through notice dtd. 30.9.1985 (Annex. 1).
4. Reply to the writ petition was filed by the respondents and in their reply, the respodnents had admitted the case of the petitioner on the point that the petitioner is entitled for allotment of plot and the respondents are duty bound to allot the same and efforts are being made for allotting the plot to the petitioner and hence the writ petition be dismissed.
5. So far as allotment of plot to the petitioner in place of plot No. 18 originally allotted to the petitioner through notice dtd. 20.9.1985 (Annex. 1) is concerned, the respondents through notice dtd. 8.1.1999 (Annex. 6) have already allotted plot No. 2 in Koyad ‘B’ Scheme. Therefore, the prayer of the petitioner that another plot be allowed to him in place of plot No. 18 earlier allotted to him has already been accepted by the respondents. This is one of the aspects of the matter and on this ground, the petitioner is not entitled to any relief.
6. The second another prayer of the petitioner is that through notice dtd. 8.1.1999 (Annex. 6) lease money to the tune of Rs. 6910/- was further demanded by the respondents and that could not have been demanded by the respondents, therefore, this part of the notice dtd. 8.1.1999 be set aside.
7. In my opinion, the petitioner had deposited a sum of Rs. 6250/- as sale price of the plot No. 18 earlier allotted to him and, through notice dtd. 8.1.1999 (Annex. 6) further demand of Rs. 6910/- has been made for lease money for 10 years. Demand of lease money is altogether different from demand of sale price. When this being the position, the demand of Rs. 6910/- as lease money raised through notice dtd. 8.1.1999 (Annex. 6) is justified. Hence, the prayer of the petitioner that the part of the notice dtd. 8.1.1999 (Annex. 6) by which demand of Rs. 6910/- was made as lease money be quashed and set aside is rejected.
For the reasons mentioned above, this writ petition is allowed in part in the manner that the respondents are directed to hand over vacant possession of plot No. 2 measuring 25′ x 50′ in Koyad ‘B’ Scheme allotted to the petitioner through notice dtd. 8.1.1999 (Annex. 6) within three months from today and the petitioner is directed to depsoit a sum of Rs. 6910/- as lease money.
Cost made easy.