BHERU SINGH S/O LATE SHRI RUPA JI v. LAND ACQUISITION AND SUB DIVISIONAL OFFICER
CW/2162/2023 · 2025-01-30
Sudesh Bansal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5599 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5599 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:4287] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2162/2023
1. Bheru Singh S/o Late Shri Rupa Ji, Aged About 60 Years, R/o Village Kokra, Tehsil Pushkar, District- Ajmer Rajasthan.
2. 2.1 2.2 2.3 2.4 Kanwara S/o Late Shri Rupa Ji (deceased) Kamla w/o Lt Shri Kanwara aged about 65 years Pappu Singh S/o Lt. Shri Kanwara aged about 43 years Mahadev S/o Lt. Shri Kanwara aged about 38 years Kana S/o Lt. Shri Kanwara aged about 37 years All are R/o Village Hokra, Tehsil Pushkar, District Ajmer Rajasthan. ----Petitioners Versus
1. Land Acquisition And Sub Divisional Officer, Ajmer Rajasthan.
2. Executive Engineer, Public Works Department, National Highway, Ajmer. ----Respondents For Petitioner(s) : Mr. Atul Sharma For Respondent(s) : Mr. Neeraj Batra, GC Mr. Akhil Dadhich for Mr. Dheeraj Tripathi HON'BLE MR. JUSTICE SUDESH BANSAL
Order 30/01/2025
1. Matter has come up on an application (1/2023) filed under
Order 22 Rule 3 CPC, seeking substitution of legal representatives of deceased-petitioner No.2-Kanwara, which is within limitation and the cause of action survives upon the legal representative of deceased petitioner. For reasons mentioned in the application, the
[2025:RJ-JP:4287] (2 of 3) [CW-2162/2023] same is allowed. Legal representatives of deceased/petitioner no.2 are allowed to be substituted.
2. Amended cause title, enclosed with the application, is taken on record.
3. The issue involved in the instant writ petition is short, hence, with the consent of counsel for both parties, the writ petition has been heard and being decided at this stage itself.
4.
Learned counsel for petitioners submits that as per the order dated 16.03.2022 passed by the District Collector (Arbitrator) under Section 3 G (5) of the National Highways Act, 1956, the Land Acquisition Officer-cum-Sub-Divisional Officer, Ajmer has been directed to assess the compensation for the structure which is payable to the petitioners and if the compensation has been paid to some other persons, same be recovered and paid to the petitioners.
5. The grievance of petitioners is that such directions have not been complied with by the Sub-Divisional Officer, though, the
order dated 16.03.2022 has attained finality.
6. Learned Government Counsel appearing on behalf of Sub- Divisional Officer submits that the appropriate action pursuant to
order dated 16.03.2022 shall be ensured forthwith.
7. In that view of matter, it is hereby directed that the Sub- Divisional Commissioner, Jaipur shall ensure compliance of order dated 16.03.2022 earliest possible and preferably within a period of four months, if possible.
8. Accordingly, applications No.(1/2023 & 1/2024) stand
disposed of.
[2025:RJ-JP:4287] (3 of 3) [CW-2162/2023]
9. In view of above, instant writ petition also stand disposed of.
10. Stay application and any other pending application(s), if any, stand disposed of.
(SUDESH BANSAL),J SOURAV /49