By way of this petition, the petitioner has prayed for a direction to the respondents nos.3 and 4 to consider the applications made by the petitioner and to issue him the allotment letter to the petitioner of plot at concessional rate.
The petitioner applied for allotment of plot at concessional rate he being a government servant. The same was rejected by the respondents on 21st May 2008 since he was not eligible for allotment of plot at concessional rate. Therefore, he filed the present petition.
Respondent No.3, Mamlatdar, Lad Allotment, Gandhinagar, filed affidavit-in-reply opposing the petition. In paragraph 10 thereof, it is stated as under:-
"I say that as per the resolution dated 29.03.2001, application required for allotment of plot was not received and is not received till date from the petitioner's side. That is how the petitioner cannot be allotted the plot. Comparison with the case of Shri Zalamji Lakhamji Parmar as quoted by the petitioner is misplaced in as much as Shri Zalamji Lakhamji Parmar has made an application pursuant to the resolution dated 29.3.2001 and 27.12.2001."
However, the petitioner has not chosen to produce any evidence to substantiate his claim that his application was, in fact, received by the office of the Collector, Gandhinagar. In that view of the matter, I am of the opinion that the petitioner's application was rejected correctly. Further the petitioner has since retired from service and therefore also he is not entitled to be allotted any plot.
The learned counsel for the petitioner has relied upon the Government Resolution dated 25th June 2007 in support of his contention. Though the said G.R. is not applicable to the case of the petitioner, assuming for the sake of argument that it is applicable, even then, there is no reference for retired employee.
In that view of the matter, the petition is devoid of any merits. Hence, the same is dismissed.
(K.S.Jhaveri, J.) *mohd Top