1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- SPL. APPL. WRIT No. 658 of 2006 LAL CHAND V/S STATE & ORS Mr. RK SINGHAL, for the appellant / petitioner Mr. NS ACHARYA for Mr. BL PUROHIT & Mr. BL BHATI A.G.A., for the respondent Date of Order : 30.1.2008 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI DEO NARAYAN THANVI,J. ORDER ----- Heard learned counsel for the appellant. In view of the order dt. 9.11.2006 it is clear that it was positively found by this Court that the appellant cannot claim any parity to support his case on the basis of the price received from Wariyam Chand. However, since by that order notice was issued to Wariyam Chand which has been served, and he has filed reply. He has produced the order Annexure R 4/2 being the order of the State Government dt. 6.1.1998 directing allotment to be made in his favour, and has also produced order of Hon'ble the Minister as Annexure R 4/1 in that regard. Then, an order Annexure R 4/3 has also been produced which again is the order of the State Government dt. 20.12.2001 wherein it was clarified that since the allotment was made on 6.1.1998 2 price is required to be received as prevailing at that time as the allottee was not at all in fault for whatever delay has occurred. In that view of the matter, we do not find any ground in this appeal to proceed against Wariyam Chand. So far the appellant is concerned, it has already been found that the price was required to be charged from him at a rate which was prevailing as on the date of allotment, and not on the date of application. The appeal thus has no force, and the same is, therefore, dismissed. ( DEO NARAYAN THANVI ),J. ( N P GUPTA ),J. /Sushil/