SBCWP NO.6782/2006 –MANJU DEVI AND ORS. V/S RIICO AND ANR. : JUDGMENT DTD.2.4.2008 1/4 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION NO.6782/2006 Manju Devi and ors. versus RIICO and anr. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.P.S.Bhati, for the petitioner. Mr.V.K.Mathur, for respondents DATE OF JUDGMENT : 2nd April, 2008. JUDGMENT 1. Heard the learned counsels for the parties. 2. The grievance raised in this writ petition is that auction of industrial plot made by the respondent – RIICO in pursuance of notice Annex.3 dtd.24.7.2006 at the rate of Rs.300/- per square meter was illegal since in the original advertisement issued by the respondent – RIICO on 23.5.2005, the rate SBCWP NO.6782/2006 –MANJU DEVI AND ORS. V/S RIICO AND ANR. : JUDGMENT DTD.2.4.2008 2/4 notified to the public at large was only 250 per sq. meter for allotment of industrial plots in Balotara industrial area. 3. The learned counsel for the petitioner submits that the gap of one year occurred in the original notice dtd.23.5.2005 and Annex.3 dated 24.7.2006 on account of stay order from the Court against said auction and when said auction was again permitted, the price could not be raised to Rs.300/- per sq. meter. 4. The learned counsel for the respondent – RIICO opposes these submissions and submits that on account of increase in market rate, the rate could have been increased by the respondent – RIICO at its own discretion and the same cannot be validly challenged by the petitioner. The fact remains that the petitioners who had applied in pursuance of first advertisement dtd.23.5.2005 were again invited for auction which was held on 24.7.2006 in pursuance of advertisement Annex.3. All these petitioners were allotted the industrial plots at the auction price for the land in question @Rs.300/- per sq. meter. This writ petition appears to have been filed with a view SBCWP NO.6782/2006 –MANJU DEVI AND ORS. V/S RIICO AND ANR. : JUDGMENT DTD.2.4.2008 3/4 to seek refund of the alleged excess of Rs.50/- per sq. meter paid by the petitioners. 5. Having considered the rival submissions made at the Bar, this Court is of the opinion that this Court cannot interfere in Article 226 of the Constitution of India in such matters. The increase in rate from Rs.250/- to Rs.300/- per sq. meter after a gap of one year cannot be said to be arbitrary or uncalled for. It is purely a contractual matter and if the petitioners wanted these industrial plots in question they gave their bids in pursuance of advertisement Annex.3 dtd.24.7.2006 and took such industrial plot @Rs.300/- per sq. meter and afterthought they cannot be allowed to raise this grievance for refund of the excess of Rs.50/- per sq. meter because in the first advertisement the rate notified happened to be Rs.250/- per sq. meter. The increase in the price of land is a prevalent phenomena which could not have escaped the respondent- RIICO also. This Court finds no reason to interfere with the auction held in question. 6. Thew rit petition is found to be devoid of any merit. The SBCWP NO.6782/2006 –MANJU DEVI AND ORS. V/S RIICO AND ANR. : JUDGMENT DTD.2.4.2008 4/4 same is accordingly dismissed. . No order as to costs. (Dr.VINEET KOTHARI)J. Item No.56 Ss/-