[2025:RJ-JP:47735] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6941/2019 1. Prabhu 2. Ramphool 3. Raju 4. Shyoji All are S/o Shri Kesar Lal, Resident Of Borda, Tehsil Chauth-Ka-Barwada, District Sawai Madhopur. ----Petitioners Versus 1. State Of Rajasthan, Through District Collector, Sawai Madhopur, Rajasthan. 2. Superintending Engineer, Public Works Department, Sawai Madhopur. 3. Executive Engineer, Public Works Department, Division-Ii, Sawai Madhopur. 4. Sub Divisional Officer, Chauth Ka Barwada, District Sawai Madhopur. ----Respondents For Petitioner(s) : Mr. Yenu Satyan with Mr. Jai Kishan Yogi For Respondent(s) : Mr. V.P. Gathala AGC Mr. Dheeraj Tripathi HON'BLE MR. JUSTICE ANAND SHARMA Order 25/11/2025 1. It is stated that the petitioners are having khatedari rights over the land bearing Khasra No.510, 512, 512/1835 total measuring 1.01 hectare situated in village Borda, Tehsil Chauth Ka Barwada, District Sawai Madhopur. 2. Learned counsel for the petitioner submits that the petitioner received notice issued by the Sub-Divisional Magistrate [2025:RJ-JP:47735] (2 of 3) [CW-6941/2019] Chauth Ka Barwada mentioning therein that their land would be required for construction of road under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013 for which, compensation has to be paid hence, consent of the petitioner was required. 3. Learned counsel for the petitioner submits that pursuant to such notices, the petitioner accorded his consent however, despite expressing his consent 8 years back, not a single penny towards compensation has been paid to the petitioner and the respondents are using the land of the petitioner as public way. 4. Learned counsels appearing for the respondent-State submit that at no point of time, any notification for acquisition under the provisions of the Act of 2013 has been issued and no award whatsoever has been passed for acquiring the land of the petitioner. It is submitted that the respondents have not taken of the possession of the petitioners' land. It is submitted that as and when petitioners' land would be required legal proceedings under the Act of 2013 or any other statute shall be followed. 5. Heard and considered. 6. Article 300A of the Constitution of India guarantees every citizen that he shall not be deprived of his property without following the procedure of law. In the instant case, without issuing any notification or undertaking for any exercise for acquisition, directly notice was issued by the Sub-Divisional Magistrate requiring the petitioner to submit his consent for accepting compensation which is totally without jurisdiction and is against the provisions of the Act of 2013. In case, the land of the petitioner is acquired by the respondents for public purpose, even [2025:RJ-JP:47735] (3 of 3) [CW-6941/2019] then, they will have to follow the provisions of the Act of 2013 wherein, firstly, notification shall be issued and published in accordance with the provisions of the Act and after receiving objections and disposal thereof, the award shall be passed by the competent authority for determining the compensation to be paid for acquiring the land of the petitioner and without undertaking any such exercise, the respondents cannot utilize the land of the petitioner either for public way or any other public purpose. 7. With the above observations, the writ petition stands disposed of. (ANAND SHARMA),J NEERU/63