[2025:RJ-JP:10912] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2550/2016 1. Govind Singh S/o Sh. Laxman Singh, aged about 64 years, R/o Behind Bank Of Baroda, Lakheri, Distt. Bundi Raj. 2. Smt. Asha Rani W/o Sh. Govind Singh, aged about 68 years, R/o Behind Bank Of Baroda, Lakheri, Distt. Bundi Raj. ----Petitioners Versus 1. State Of Rajasthan Through Principal Secretary, Urban Development And Housing Department, Government Of Rajasthan, Government Secretariat, Jaipur 2. Commissioner, Jaipur Development Authority, Jaipur 3. Secretary, Jaipur Development Authority, Jaipur 4. General Manager, Avas Vikas Limited, 4/SA/24, Jawahar Nagar, Jaipur-302004 5. Dy. Commissioner, Zone-14, Jaipur Development Authority, Jaipur ----Respondents For Petitioner(s) : Mr. Mukesh Pal Jadoun For Respondent(s) : Mr. Rohit Tiwari for Mr. Vigyan Shah, AAG Mr. Harshvardhan Shekhawat for Mr. Amit Kuri HON'BLE MR. JUSTICE SUDESH BANSAL Order 10/03/2025 Petitioners have preferred instant writ petition under Article 226 of the Constitution of India, feeling aggrieved by the order dated 19.03.2015 passed by the Deputy Commissioner, Zone-14, Jaipur Development Authority, Jaipur, declining to transfer the allotment of House No.A-36/FF/1 EWS Category in Scheme namely J.P.-12-Regency Build Home Pvt. Ltd. (Shyampura Bhuhariya), Vatika Road, Sanganer, Jaipur, and has prayed that [2025:RJ-JP:10912] (2 of 4) [CW-2550/2016] the order dated 19.03.2015 be quashed and set aside and the house in question be directed to be transferred in favour of petitioners’. 2. Heard counsel for both parties and perused the record. 3. It appears that petitioners’ son namely Ajay Singh Hada, applied to allot the plot in EWS Category in the Scheme J.P.-12- Regency Build Home Pvt. Ltd. (Shyampura Bhuhariya), Vatika Road, Sanganer, Jaipur, wherein the allotment was to be made through lottery system. There were 213 plots in EWS Category in this Scheme and the priority number to the petitioners’ son was given 642. In the lottery, conducted on 06.07.2011, House No. A- 36/FF/1 in EWS Category was proposed to be allotted in the name of petitioners’ son. 4. It appears that prior to allotment of plot in question in favour of Ajay Singh Hada, petitioners’ son passed away on 15.10.2010, hence, petitioners being parents of the applicant-allotee Ajay Singh Hada, moved an application dated 15.09.2011 to transfer the allotment of such plot in their favour. It was claimed that in the application form, petitioners have been named by their son as his nominee. It appears that vide letter dated 31.10.211 (Ann- 5), the transfer of allotment of the plot in question in favour of petitioners was denied, assigning the reason that the applicant had passed away on 15.10.210 before conducting of the lottery on 06.07.2011. 5. It appears that thereagainst, petitioners preferred an Appeal No.365/2014 before the Jaipur Development Authority Appellate Tribunal, Jaipur. The Tribunal vide judgment dated 27.11.2014, directed the JDA to pass a fresh order after giving opportunity of [2025:RJ-JP:10912] (3 of 4) [CW-2550/2016] hearing to petitioners and in pursuance thereof, the order dated 19.03.2015 (Ann-13), has been passed, which has been impugned by the petitioners by way of instant writ petition. 6. It appears that the prayer for interim relief in favour of petitioners in respect of plot in question was rejected by the Coordinate Bench of this Court, hence, before passing the final order, the current status of the plot in question was inquired. The JDA has filed an additional affidavit of one Mr. Harphool Pankaj, the then Deputy Commissioner, Zone-14, JDA, wherein it has been disclosed that the House No.A-36/FF/1 in the Scheme has been allotted to one Shri Indar Ram Poonia and house in question is no more available for allotment. 7. The additional affidavit dated 10.04.2023 filed by and on behalf of JDA has neither been countered by the petitioners nor subsequent allottee of the house in question namely Shri Indar Ram Poonia has been impleaded as party respondent in the instant writ petition. 8. This Court finds that it is an undisputed fact that petitioners’ son has passed away on 15.10.2010 and till that date, the lottery was not conducted. Had this fact been brought on record of JDA, possibly the application form of a deceased applicant namely Ajay Singh Hada would not have been put in the lottery, but it appears that in absence of having the true fact of death of applicant, the application form of Ajay Singh Hada was also included to be in the lottery system and in the lottery conducted on 06.07.2011, House No. A-36/FF/1 was proposed to be allotted in his name. It is an undisputed fact that no allotment letter was issued by the JDA in favour of Ajay Singh Hada. Petitioners being nominee and [2025:RJ-JP:10912] (4 of 4) [CW-2550/2016] successors of their unmarried son Ajay Sing Hada, are claiming to transfer the allotment of the house in their favour. This Court finds that when during the life time of Ajay Singh Hada, the allotment of house in question was not made, right of allotment is not transferable since same was not even conferred in favour of Ajay Singh Hada. In the impugned order dated 19.03.2015, the transfer of allotment has been declined assigning the same analogy and reasonings. 9. Thus, in the opinion of this Court, the impugned order does not call for any interference. If any deposit has been made by the petitioners’ son Ajay Singh Hada, while applying for allotment of plot, same may be refunded to the petitioners. It appears that the JDA proposes to refund the amount of Rs.7757/- to the applicant Ajay Singh Hada, which may now be refunded to petitioners along with interest @ 6% per annum. 10. The upshot of discussion is that the prayer for transfer of allotment of House No. A-36/FF/1 in favour of petitioners is hereby rejected, however, respondent-JDA is directed to refund the amount of Rs.7757/- along with interest @6% per annum to the petitioners within a period of two months. 11. Stay application and other pending application(s), if any, stand disposed of. (SUDESH BANSAL),J NITIN /21