1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER S.B. CIVIL REVIEW PETITION NO. 116/2008 in S.B. CIVIL WRIT PETITION NO. 1106/2000 1. Ghashi Ram Radhey shyam through the proprietor/ owner Shri Radhey Shyam son of Shri Ghashi Ram sharma, carrying business in Shop No.10, Naru Marg, Station Road, Alwar. 2. Kanhaiya Lal Ramesh Chand through the proprietor/ Owner Shri surya Prakash son of Shri Anandi Lal ( Deceased ) through Sunil and Anil sons of late Shri Surya Prakash, carrying business in Shop No. 7, Naru Marg, Station Road , Alwar. 3. Agarwal Stones Company through the Proprietor/ owner Shri Anil Agrwal son of Shri Om Prakash Agarwal , Carrying business in Shop No. 21, Naru Marg, station Road, Alwar. 4. Mohan Lal Pyare Lal Through the Proprietor/ Owner Shri Pyare Lal son of shri Bhajan Lal, carrying Business in Shop No. 15, Naru Marg, Station Road, Alwar, at Present Carrying Business of (i) Mohan Lal Babu Lal through the Proprietor Shri Babu Lal son of Shri Mohan Lal and (ii) Prem Stone company through the Proprietor shri Pyare lal son of shri Bhajan Lal. 5. Onkar Prasad and sons through the proprietor/ owner Shri Dal Chand son of Shri Onkar prasad, carrying Business in Shop No. 4, Naru Marg, Station Road, Alwar; at present carrying Business of (i) 2 Jai Bajrang Stones through the Proprietor Shri Rajesh Kumar son of Shri Ram Bharose and (ii) Kailash stone through the Proprietor Shri Kailash chand son of Shri Raghunath Sahai. 6. Master Stones Company through the Proprietor / owner shri Rohitash kumar Agarwal son of Shri Moji Ram, Carrying business in Shop No. 9, Naru Marg, Station Road, Alwar. 7. Rajendra Prasad son and LR of Shri Jagdish Prasad Ameria carrying business in shop No. 1 Naru Marg, Station Road, Alwar; at present Delhi Iron Store through the Proprietor shri Puran Khandelwal son of late Shri Duli Chand. 8. Gupta Stones Company through the Proprietor/ Owner Shri Ami Chand Gupta (Deceased) now the Proprietor Shri Desh Bandhu Gupta son of late Shri Ami Chand Gupta, Carrying Business in Shop No. 13, Naru Marg, Station Road , Alwar. 9. Rewar Ram Sitaram through the Proprietor / Owner Shri Rewar Ram son of shri Jagli Ram ( Deceased) through vinod Kumar and Tek Chand sons of late shri Rewar Ram, Carrying Business in Shop No. 24, Naru Marg, Station Road, Alwar. 10.Mool Chand Damodarlal through the Proprietor/Owner Shri Damodar lal son of shri mool Chand Sharma, Carrying Business in Shop No. 9, Naru Marg, Station Road, Alwar. 11. Mahavar Building Material stone through the Proprietor/owner Shri Deen Dayal son of Shri Ram Kanwar, carrying Business in shop No. 23, Naru Marg , Station Road , Alwar; at present Kailash 3 Chand Ashok Kumar through the Proprietor Shri Ramji Lal Saini son of shri Mangi Lal Saini 12.Prabhati Lal Sundar Lal through the Proprietor/Owner shri Sundar lal son of shri Bhappu Lal, Carrying business in shop No. 2, Naru Marg, Station Road, Alwar: at present carrying business (i) Arawali Stone through the Proprietor Smt. Sarita wife of shri Ajay Khandelwal (ii) Sundar Lal & sons through the Proprietor Shri sundar Lal. 13.Kishori Lal Preetam Chand through the Proprietor/owner shri Prem chand son of shri Kishori Lal, carrying business in shop No. 6, Naru Marg, Station Road, Alwar. 14.Kumawat Stone Company through the proportion/Owner shri Kishan lal son of shri Tulsi Ram, carrying business in Shop No . 12, Naru Marg, Station Road, Alwar. 15.Kashi Ram Stone Company through the Proprietor/Owner Shri Sunil Agarwal Son of Shri Om Prakash, carrying Business in Shop No. 20, Naru Marg, Station Road, Alwar. 16.Harish Chandra Diwan Chand through the Proprietor/ owner Shri Diwan Chand son of Shri Hari Chandra, carrying Business in Shop No.22, Naru Marg , Station Road, Alwar: at present Carrying business (i)Harish Chand Diwan Chand through the Proprietor Shri Diwan Chand son of Shri Harish Chandra (ii) Prajpati Stone Company Through the Proprietor Shri Chand Kishore son of Shri Harish Chandra and (i i i) Radhika Builders through the Proprietor Shri Balwant Rai son of shri Harish Chandra. 4 17. Suraj mal son of Shri Kishan, through the Proprietor/Owner Shri Surajman son of Shri Baktawarmal, carrying business in shop No.11. Naru Marg, Station Road, Alwar. 18.Mahaver building Material Store through the Proprietor /Owner Deen Dayal son of Shri Ramkaran, carrying business in Shop No. 14, Naru Marg, Station Road, Alwar: a present carrying business (i) Deeraj Stone Company through the Proprietor Shri Prem Kumar Gupta son of Shri Ram Bharose Lal. 19. Bhore Lal Ganga Sahai through the Proprietor/ Owner Shri Ganga Sahai son of Shri Anandi Lal, carrying business in Shop No. 8, Naru Marg, Station Road, Alwar. . . . Petitioners. VERSUS The Urban Improvement Trust , Alwar Distt. Alwar Through the Secretary. . . . Respondent 19.10.2016 HON'BLE MR. JUSTICE MN BHANDARI Mr MM Ranjan, Sr Advocate with Ms Nikita Sood – for petitioner/s Mr RK Mathur, Sr Advocate with Ms Shailja Dadhich – for respondent BY THE COURT: Heard on the review petition. Learned counsel submits that though the order sought to be reviewed is favourable to them but 5 a clarification is required regarding allotment of plot on the alternative site after verification of claim. It is for the reason that after the original allotment, the plots were sold or assigned to others having right for allotment of alternative plots. If the allotment is made in the name of original allottee, it would give rise to further litigation inter se between the parties if the plot has been transferred. Learned counsel for respondent-UIT, Alwar has opposed the review petition. It is submitted that the writ petition was filed apprehending dispossession from the plots occupied by the petitioners or others. It was clarified that before dispossession, petitioners would be given allotment on the alternative site. The allotment would obviously be made in favour of the petitioners who may be original allottees or transferees. In any case, if any issue would come regarding assignment or transfer, rights of the parties would be considered by the UIT. In view of the facts given by learned counsel for respondent-UIT, nothing survives in the review petition, however, it is disposed of with the observation that if any issue regarding assignment or transfer of plot comes then it would be considered by the UIT based on the documents, so as to avoid further litigation in the matter. It is made clear that if any issue remains, the parties 6 would be free to take legal recourse therein. (MN BHANDARI), J. bnsharma