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[2025:RJ-JP:25437] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Review Petition (Writ) No. 111/2024
1. Madho Lal Since Deceased, Through Legal Heirs. 1/1 Mahesh Kumar, S/o Late Shri Ramcharan aged about 31 years, R/o Ganwari, Tahsil, Ladpura, District Kota.
2. Gulab Bai D/o Chhoga Lal, R/o Village Ramkhedli, Tehsil Ladpura, Kota.
3. Ghanshyam Meena S/o Ramchand, R/o Brajeshpura, Tehsil Ladpura, Kota (Died).
4. Mathura Lal S/o Prabhu Lal, R/o Ramkhedli, Tehsil Ladpura, Kota (Died).
5. Badri Lal S/o Kalyanji, R/o Village Gawadi, Tehsil, Ladpura, Kota.
6. Durga Singh S/o Shankar Singh, R/o Village Notana, Tehsil Ladpura Kota (Died).
7. Nand Kishor S/o Bajarang Lal Meena, R/o Village Ramkhedli, Tehsil Ladpura, Kota. ----Review Petitioners Versus
1. District Collector, Kota.
2. Secretary, Urban Improvement Trust, Kota.
3. Director, N.H.A.I., Regional Office, I.C. 10, SFS Colony, Talwandi, Kota.
4. Tehsildar, Tehsil Ladpura, Kota.
5. Dy. Secretary, Land Acquisition, Urban Improvement Trust Kota.
6. Divisional Commissioner (Cad), Office Cad Building, Kota.
7. State Of Rajasthan, through Revenue Secretary, Government Secretariat, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Dr. T.N. Sharma, Adv. For Respondent(s) : Mr. Deepak Mittal, Adv.with Mr. Kunal Swami, Adv. Mr. Satya Narain Kumawat, Adv. Mr. Vishal Karnani, Adv.for Mr. Vikas Soni, for respondent No.3
[2025:RJ-JP:25437] (2 of 3) [WRW-111/2024] HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 10/07/2025
1. The present review petition has been filed against the order dated 11.01.2023 passed in SB Civil Writ Petition No.9643/2018.
2.
Learned counsel for the petitioner has submitted that against the order dated 11.01.2023, Special Appeal Writ was preferred before the Division Bench, wherein after considering the
submissions of the respective parties therein, liberty was granted to the appellant therein to file a review petition before the concerned Single Judge.
3.
Learned counsel representing UIT has submitted that even para No.3 & 4 of the misc. application categorically specifies that qua the concerned khasra numbers, construction was completed. It is further submitted that land acquisition proceedings qua the disputed khasras were initiated in-between 27.12.2014 to
29.12.2014.
4.
Learned counsel appearing for respondent No.3- NHAI has submitted that respondent No.3 has no nexus with the present matter.
5.
Learned counsel for the petitioner is unable to refute the
submissions made by the learned counsel for the UIT and respondent No.3.
6. Upon perusal of the material available on record, this Court has noted that the fact qua completion of construction is undisputed, which is stated to be completed after the Year 2017,
[2025:RJ-JP:25437] (3 of 3) [WRW-111/2024] by the petitioner. Further, in the order passed by Division Bench, it was observed that construction was concluded, and the fact was not refuted by the appellant therein, contemporaneously.
7. Further, pleadings of the petitioner never specified that construction was performed after the year 2017 and that no construction was carried out till the year 2017 pertaining to Khasra Nos.251 and 252 & 252/521 of Village Gavadi and Khasra No.94 of Village Gangayacha, Tehsil, Ladpura, District Kota.
8. Considering the arguments advanced by the respective parties and upon perusal of para-5 of the judgment dated 11.01.2023 passed by this Court, it can be inferred that the erstwhile advocates have not refuted the completion of construction in the year 2017 and learned counsel for the petitioners herein are pressing the dispute as an after thought.
9. Taking note of the aforementioned, this Court deems it apposite to dismiss the present petition with imposition of cost of Rs. 25,000/- upon the petitioners, which is to be deposited in favour of Urban Improvement Trust, within a period of one month from the date of passing of this order. It is further directed that the said cost be utilized towards plantation in the city of Kota and certificate qua the said plantation be submitted by Urban Improvement Trust to the Rajasthan State Legal Services Authority.
10. Accordingly, the present review petition is dismissed. Pending applications, if any, shall stand disposed of.
(SAMEER JAIN),J CHANDAN /5