1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.3711/2000 (Gurucharan Singh Vs. State & Ors.) Date of order : 17.03.2009 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Amit Dave on behalf of Mr. P.P. Choudhary, for the petitioner. Mr. Hemant Choudhary, Govt. Counsel. Heard learned counsel for the parties. In this case, the petitioner has prayed for following reliefs : “(a) It may kindly be declared that the respondents can realise only two times of the reserve price of Rs.2800/- per Bighas from the allottee and the excess amount paid by the allottee is likely to be refunded to the petitioner. (b) Without prejudice to the aforesaid and in the alternative, it is prayed that the respondents may kindly be restrained from realising from the petitioner the price more than Rs.5600/- per bigha and the additional demand made for the Johar Paitan land in question may be declared null and void and the same may kindly be declared as “no demand” in the eye of law. 2 (c) Without prejudice to the aforesaid and in the alternative, it is prayed that the action of the respondents for demanding 8 times of the reserve price at the rate of Rs.11,200/- per Bigha of Johar Paitan land in question may be declared contrary to the notification Annexure.P/1 and the Rules 1975. (d) Condition No. 1 and 3 of the notification Annexure.P/1 may kindly be declared ultra vires to the provisions of the Constitution of India.” The petitioner is claiming the aforesaid relief in view of the judgment rendered by this Court in case of Smt. Tulsi Devi & Ors. Vs. State of Raj. & Ors., reported in WLR 1996 Raj 617. In my opinion, once, the matter is adjudicated by this Court and the petitioner is claiming that his case is covered by the aforesaid judgment, then, he is first required to approach the concerned authorities. In this view of the matter, the petitioner may file representation before the respondent No.1. Upon filing the said representation, the said authority is directed to decide the representation of the petitioner while taking into consideration the judgment rendered by this Court in case of Smt. Tulsi Devi (supra) within a period of two months from the date of filing the representation. It is made clear 3 that the petitioner shall file the copy of the judgment rendered in case of Smt. Tulsi (supra) along with the representation for consideration by the authority concerned. With the aforesaid observation/direction, the writ petition is disposed of. (GOPAL KRISHAN VYAS), J. arun