M/s. Surendra Singh and Co. vs State of Rajasthan and Others

Dinesh Maheshwari, J.—This intra-Court appeal against the order dt. 02.02.2012 as passed in (CWP No. 7653/2011) is reported to be time barred by 161 days. The grounds as set out for condoning of delay are also not convincing. Be that as it may, even while ignoring the delay, we have considered the matter on merits and find that this intra-Court appeal remains totally bereft of substance. The petitioner-appellant sought issuance of writ, order or direction against the respondents for allotment of a piece of land admeasuring 20''x45'' as a so-called strip land. The respondents had declined such allotment on the ground that the piece of land sought for was forming a part of the total land admeasuring 50''x 100'' earmarked for construction of urinal, check post and kiosk.

The learned Single Judge found the writ petition totally bereft of merit and proceeded to dismiss the writ petition while observing as under:-

The argument advanced is absolutely bereft of merit. The entire patch of land measuring 50'' x 100'' is kept earmarked for a specific purpose and therefore, is not open for allotment for any other purpose. The Appellate Authority, thus, rightly rejected the appeal. No interference of this Court while exercising powers under Art. 226 of the Constitution of India is warranted. The petition for writ is dismissed.

We concur in toto with the learned Single Judge as we are unable to find even a semblance of right in the petitioner-appellant to seek any writ, order or direction for such allotment out of the land earmarked for public purpose.

The appeal fails and is, therefore, dismissed.