Ashok Kumar Gaur ORDER
Ashok Kumar Gaur, J.
1. The instant petition has been filed by the petitioner-firm seeking following prayer:-
"(i) Call for the entire record pertaining to passing of the impugned communication dated 07.07.2017 and after examining the same be declared the impugned communication dated 07.07.2017 be null and void and be quashed and set aside.
(ii) By further appropriate writ, order or direction, the official respondents be directed to immediately accept the entire amount including the balance amount and thereupon issue letter of allotment in favour of the petitioner forthwith.
(iii) By further appropriate writ, order or direction, the official respondents be restrained from putting the Plot No. A/128 & A/129 to auction as well as to take any coercive steps to allot the plot No. A/128 & A/129 in favour of anyone else during the pendency of the writ petition or thereafter.
(iv) By an appropriate writ, order or direction, if any order prejudicial/detrimental to the interest of petitioner is passed during the pendency of the writ petition, the same may kindly be taken on record and be quashed and set aside by this Hon'ble Court."
2. The brief facts, as pleaded in the writ petition, are that the petitioner is a partnership firm, engaged in the activity of manufacturing and exporting handicrafts, wooden furniture and other items, having its manufacturing units at different locations such as Jaipur, Udaipur, Mirzapur (UP), Agra (UP) & Delhi, etc.
3. The petitioner-firm in order to establish its new industrial unit in the new Industrial Area namely Prahaladpura situated at proposed Ring Road on the Southern side of Jaipur City applied for allotment of plot in pursuance of the public notice dated 13.12.2015 issued by the respondent-Corporation for different sizes. The petitioner-firm had applied for one plot of size of 10,000 Sq.Mtrs. against plot No. A/127 to A/130, as described in the writ petition.
4. The petitioner-firm was found successful in the procedure of draw of lottery for allotment of plot No. A/127 and as such the petitioner-firm was allotted the said plot vide allotment letter dated 18.02.2016 and accordingly, the petitioner-firm deposited the required amount and lease agreement was also executed in favour of the petitioner-firm.
5. The petitioner-firm has pleaded that since it was planning to launch new industrial unit in the new Industrial Area, the petitioner-firm is said to have contacted the respondent-Corporation for allotment of adjacent industrial plots on "first come first serve" basis, as per the policy of the respondent-Corporation.
6. The petitioner-firm has pleaded that a notice dated 20.05.2017 was issued in the Rajasthan Patrika (Hindi) dated 21.05.2017 and Hindustan Times (English) dated 21.05.2017 whereby three plots of 10,000 Sq.Mtrs. were offered for sale at the rate of Rs. 6,000/- per Sq.Mtrs. on "first come first serve" basis and the application was to be submitted online and in case of offline option, the UTR number of payment through RTGS/NEFT was to be submitted within 48 hours.
7. The petitioner-firm has pleaded that it applied for allotment of plots bearing No. A/128 & A/129 on "first come first serve" basis along with requisite documents and made the payment in bank account of the respondent-Corporation vide UTR number, as mentioned in the communication dated 22.05.2017 sent to the respondent-Corporation.
8. The petitioner-firm has pleaded that as per the priority maintained by the respondent-Corporation only two applicants namely Shri Krishna Sudershan Urja Private Limited and the petitioner-firm applied for industrial plot No. A/129 and the petitioner-firm had applied first with project cost of Rs. 2146 Lakhs and similarly for the industri........