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2025 DAILYLAW 20313 (RAJ)

ABDUL FARID S/O BAFATI v. COMPETENT AUTHORITY (LAND ACQUISITION) CUM SUB DIVISIONAL MAGISTRATE

CW/8839/2024 · 2025-07-31

Anoop Kumar Dhand

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Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8839/2024 Abdul Farid S/o Bafati, Resident Of Bhudhadeeth, Tehsil Deegoth, District Kota, Rajasthan. ----Petitioner Versus 1. Competent Authority (Land Acquisition) Cum Sub Divisional Magistrate, Digod, Kota, Rajasthan. 2. Project Director, National Highway Authority Of India, Project Implementation Unit, Sawai Madhopur, House No. 12, Shyam Sarover, Patel Nagar, Alanpur, Sawai Madhopur, Rajasthan-322001 ----Respondents For Petitioner(s) : Mr. Dharmendra Jain For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 31/07/2025 1. A challenge has been led to the notice issued to the petitioner under Section 3(e)(1) of the National Highways Act, 1956 (for short, ‘the Act of 1956’). 2. In the considered opinion of this Court, the petitioner has alternative statutory remedy under Section 3 of the Act of 1956 before the concerned Collector but without availing the said remedy, the petitioner has straightaway approached this Court by way of filing this writ petition. 3. It is settled proposition of law that whenever alternative remedy is available with a person, he cannot be allowed to bypass the jurisdiction of the said authority. (2 of 2) [CW-8839/2024] 4. On this count, the present writ petition stands disposed of granting liberty to the petitioner to avail the remedies available to him under Section 3 of the Act of 1956. In case, the petitioner submits an application under Section 3 of the Act of 1956 before the authorities concerned, it is expected from the said authority to decide the said application expeditiously, as early as possible strictly in accordance with law. 5. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Ashu/11