Rajasthan High Court - Jaipur
Vishambhar Dayal Sharm vs State (Urban Development )Ors on 23 August, 2011
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER (1) S.B. Civil Writ Petition No. 9377/2011 Vishambhar Dayal Sharma Vs. The State of Rajasthan & Others. AND (2) S.B. Civil Writ Petition No. 9378/2011 Motilal Sharma Vs. The State of Rajasthan & Others. DATE OF ORDER: 23.08.2011 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Mahesh Sharma, for the petitioners. BY THE COURT:
Heard learned counsel for the petitioners.
2. Since common point is involved in both the writ petitions, therefore, they are being disposed off finally by this common order.
3. Both the petitioners have preferred these writ petitions with a prayer to issue a writ of Certiorari or any other appropriate writ to quash and set aside the impugned notice dated 11.08.2010(Annexure-2), under Section 4(1) of the Land Acquisition Act(hereinafter referred to as 'the Act') and Declaration dated 21.12.2010(Annexure-3), under Section 6 of the Act, issued by the respondents.
4. Petitioner Vishambhar Dayal Sharma has pleaded that he is owner of Plot No. 15 measuring 310.37 sq. yards of land and petitioner Moti Lal Sharma has pleaded that he is owner of Plot No. 16 measuring 377.62 sq. yards of land situated in Khasra No. 1237, measuring 0.47 hectare situated in Village Dausa Khurd, Tehsil and District Dausa. The said lands were purchased by the petitioners from Suresh Chand Gupta and Ashok Kumar Gupta respectively through agreements and they got possession thereof, therefore, it is submitted that they are interested persons in the land in dispute.
5. During the course of arguments, learned counsel for the petitioners submitted that since petitioners have purchased the disputed plots and they are interested persons in the disputed land bearing Khasra No. 1237 and now notice under Section 9 of the Act has been issued, therefore, the petitioners may be granted permission to withdraw these writ petitions with liberty to file their objections/claims before Land Acquisition Officer with a direction to Land Acquisition Officer to decide the same in accordance with law.
6. Prayer of learned counsel for the petitioners is allowed.
7. Writ petitions as well as stay applications are, accordingly, dismissed as withdrawn with liberty, as prayed for.
8. A copy of this order be placed on record in connected file.
(NARENDRA KUMAR JAIN),J.
Manoj,