1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT 1. DB CIVIL SPECIAL APPEAL (W) No.644/99 in S.B. CIVIL WRIT PETITION No.2963/91 JAIPUR DEVELOPMENT AUTHORITY V/s RAM NATH CHOUHAN 2. DB CIVIL SPECIAL APPEAL (W) No.645/99 in S.B. CIVIL WRIT PETITION No.2577/90 JAIPUR DEVELOPMENT AUTHORITY & Anr V/s PRAHLAD RAI KULWAL and 3. DB CIVIL SPECIAL APPEAL (W) No.646/99 in S.B. CIVIL WRIT PETITION No.1960/91 JAIPUR DEVELOPMENT AUTHORITY V/s SAHIB SINGH DATE OF JUDGMENT ::: APRIL 02, 2008 PRESENT HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH Shri Sanjay Joshi, for appellants. Shri Rajesh Mootha ) Shri Sunil Bhojwani) Shri A. Kasliwal ), for the respondents. BY THE COURT : (ORAL) Heard learned counsel for the parties. Since the questions of fact and law arise in the instant appeals, are identical, we proceed to decide them by common judgment. 2 The impugned order of the learned Single Judge, in our opinion, cannot be sustained as in the book-let the term 'approx.' was used before 3000 plots, it accordingly shows estimate number of plots and therefore auction to 2724 plots in spite of 3000 plots, was total justified. The waiting list drawn by the Jaipur Development Authority with a view that if any allotment is cancelled, the persons whose names had been shown in the waiting list shall be allotted such plots. But no plot was cancelled and all the allottees of 2724 plots from the main list accepted the plots. Therefore, the question of allotting the plots to the persons who were named in the waiting list did not arise. Learned Single Bench also did not notice rule 8 (2) of the Rajasthan Urban Improvement (Disposal of Urban Land) Rules, 1974, which reads as under : “In the Scheme, the plots for allotment and sale by auction shall be clearly indicated 25% of the total sale able area of residential plots shall be reserved for 3 auction, and the area of such pots shall not be less than 270 Sq. Meters and not more than 400 Sq. Meter.” For these reasons, we find merits in the appeals and the same stand accordingly allowed. The impugned order of the learned trial Jude stands set aside without any order as to costs. (Guman Singh), J. (Shiv Kumar Sharma), J. Chauhan/