Rajasthan High Court - Jodhpur
Deva Ram vs Union Of India (2024:Rj-Jd:9690) on 26 February, 2024
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2024:RJ-JD:9687]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 274/2024
Dungar Ram S/o Kalu Ram, Aged About 57 Years, Resident of
104, Majisa Colony, Khinvsar, Nagaur, (Raj.).
----Petitioner
Versus
1. Union of India, Through The Secretary, Ministry of Road,
Transport and Highway, Government of India, New Delhi.
2. The Collector, District Nagaur, (Raj.)
3. The Prescribed Authority (Land Acquisition) and Additional
District Collector, Nagaur, District Nagaur, Rajasthan.
----Respondents
Connected With
S.B. Civil Writ Petition No. 278/2024
Gopal Ram S/o Aidan Ram, Aged About 47 Years, By Caste
Suthar, Resident of Fathe Colony, Khinvsar, Nagaur, (Raj.)
----Petitioner
Versus
1. Union Of India, Through The Secretary, Ministry Of
Road, Transport and Highway, Government Of India,
New Delhi.
2. The Collector, District Nagaur (Raj.).
3. The Prescribed Authority (Land Acquisition) And
Additional District Collector, Nagaur, District Nagaur,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 280/2024
1. Jagdish Suthar S/o Chena Ram Suthar, Aged About 38
Years, By Caste Suthar, Resident of B-303, Tulsi
Appartment, Rang Avdhut Society, Parvat, Surat City,
Gujarat.
2. Suthar Arjun Ram S/o Chena Ram Suthar, Aged About
36 Years, By Caste Suthar, Resident of B-303, Tulsi
Appartment, Rang Avdhut Society, Parvat, Surat City,
Gujarat.
----Petitioners
Versus
1. Union Of India, Through The Secretary, Ministry Of
Road, Transport And Highway, Government Of India,
New Delhi.
2. The Collector, District Nagaur (Raj.).
3. The Prescribed Authority (Land Acquisition) And
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Additional District Collector, Nagaur, District Nagaur,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 285/2024
1. Deva Ram S/o Hardeen Ram, Aged About 47 Years, By
Caste Jat, Resident of Dharnawas, Nagari, Nagaur
(Raj.).
2. Kailash Ram S/o Hardeen Ram, Aged About 48 Years, By
Caste Jat, Resident of Dharnawas, Nagari, Nagaur
(Raj.).
----Petitioners
Versus
1. Union Of India, Through The Secretary, Ministry Of
Road, Transport And Highway, Government Of India,
New Delhi.
2. The Collector, District Nagaur (Raj.).
3. The Prescribed Authority (Land Acquisition) And
Additional District Collector, Nagaur, District Nagaur,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 289/2024
Kachara Ram S/o Mala Ram, Aged About 57 Years, Resident of
Begas Road, Khinvsar, Nagaur.
----Petitioner
Versus
1. Union Of India, Through The Secretary, Ministry Of
Road, Transport And Highway, Government Of India,
New Delhi.
2. The Collector, District Nagaur, (Raj.).
3. The Prescribed Authority (Land Acquisition) And
Additional District Collector, Nagaur, District Nagaur,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 906/2024
Madan Ram S/o Kishana Ram, Aged About 63 Years, R/o
Khodava, Nagaur (Raj.).
----Petitioner
Versus
1. Union Of India, Through The Secretary, Ministry Of
Road, Transport And Highway, Government Of India.
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2. The Collector, District Nagaur (Raj.).
3. The Prescribed Authority (Land Acquisition) And
Additional District Collector, Nagaur, District Nagaur,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 844/2024
Sanwar Mal S/o Mana Ram, Aged About 60 Years, Resident of
Ward No. 24, Losal, Chhoti, Sikar, (Raj.).
----Petitioner
Versus
1. Union Of India, Through The Secretary, Ministry Of
Road, Transport And Highway, Government Of India,
New Delhi.
2. The Collector, District Nagaur, (Raj.).
3. The Prescribed Authority (Land Acquisition) And
Addittional District Collector, Nagaur, District Nagaur,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 911/2024
Jethmal S/o Govind Ram, Aged About 46 Years, R/o Ward No.
8, Uparla Maliyon Ka Bass, Khinvsar, Nagaur.
----Petitioner
Versus
1. Union Of India, Through The Secretary, Ministry Of
Road, Transport And Highway, Government Of India,
New Delhi.
2. The Collector, District Nagaur (Raj.).
3. The Prescribed Authority (Land Acquisition) And
Additional District Collector, Nagaur, District Nagaur,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 918/2024
Rajendra S/o Mohan Ram, Aged About 57 Years, Resident of
Fateh Colony, Khinvsar, Nagaur, (Raj.).
----Petitioner
Versus
1. Union Of India, Through The Secretary, Ministry Of
Road, Transport And Highway, Government Of India,
New Delhi.
2. The Collector, District Nagaur, (Raj.)
3. The Prescribed Authority (Land Acquisition) And
Additional District Collector, Nagaur, District Nagaur,
Rajasthan.
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----Respondents
S.B. Civil Writ Petition No. 932/2024
Shobha W/o Mangilal, Aged About 60 Years, Resident of Veer
Tejabasti, Near Tegor School, Manasar, Nagaur.
----Petitioner
Versus
1. Union Of India, Through The Secretary, Ministry Of
Road, Transport And Highway, Government Of India,
New Delhi.
2. The Collector, District Nagaur, (Raj.).
3. The Prescribed Authority (Land Acquisition) And
Additional District Collector, Nagaur, District Nagaur,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 939/2024
Teja Ram S/o Govind Ram, Aged About 50 Years, Resident of
Ward No. 12, Guriya, Post Office Dehru, Tehsil and District
Nagaur.
----Petitioner
Versus
1. Union Of India, Through The Secretary, Ministry Of
Road, Transport And Highway, Government Of India,
New Delhi.
2. The Collector, District Nagaur, (Raj.).
3. The Prescribed Authority (Land Acquisition), And
Additional District Collector, Nagaur, District Nagaur,
Rajasthan.
----Respondents
For Petitioner(s) : Mr. Pradeep Swami
For Respondent(s) : Mr. R.D. Bhadu
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 26/02/2024 Learned counsel for the petitioners submits that the controversy involved in the present cases is squarely covered by a judgment rendered by this Court in S.B. Civil Writ Petition No.273/2024 (Dev Kishan Bhati & Anr. Vs. Union of India & (Downloaded on 26/02/2024 at 08:43:11 PM) [2024:RJ-JD:9687] (5 of 6) [CW-274/2024] Ors.) decided on 10.01.2024. He, therefore, prays that the present petitioners may be allowed to file a representation along with necessary documents and a copy of this judgment before the respondent No.3 and the respondent No.3 may be directed to consider the same and decide it in light of the judgment rendered by this Court in the case of Dev Kishan Bhati (supra).
In reply to the contention made by learned counsel for the petitioners, learned counsel for the respondents submits that if the facts and details submitted by the petitioners are akin or similar to the facts and details mentioned in the case of Dev Kishan Bhati (supra), the petitioners will be granted the same relief after examination of the matter by the competent authority.
Considering the submissions made before this Court, the present writ petition is disposed of in terms of the judgment rendered by this Court in the case of Dev Kishan Bhati (supra) on 10.01.2024, which reads as under:-
"Heard learned counsel for the parties. The present writ petition has been filed with a prayer that the amount awarded vide award dated 24.08.2016 may be proportionately distributed to all the khatedars of Khasra No.1361, Village Khinvsar, District Nagaur.
Learned counsel for the petitioners submits that the petitioners are having a piece of land in Khasra No.1361, Village Khinvsar, District Nagaur which was acquired by the respondents and for the same, a land acquisition award has been passed by the respondents on 24.08.2016. Learned counsel for the petitioners submits that since there are number of khatedars having different pieces of land in Khasra No.1361, Village Khinvsar, District Nagaur, therefore, the respondents may be directed to distribute the amount of the award proportionately to all the persons having the lands in Khasra No.1361, Village Khinvsar, District Nagaur in the proportion of their holdings in land. The petitioners are not challenging the quantum of the land but they want that since there are number of persons having lands in (Downloaded on 26/02/2024 at 08:43:11 PM) [2024:RJ-JD:9687] (6 of 6) [CW-274/2024] different dimensions in Khasra No.1361, Village Khinvsar, District Nagaur, therefore, all those persons should be compensated from the amount awarded in the equal proportion to the lands which they are holding in this khasra number.
The submission made by learned counsel for the petitioners is gracefully accepted by the respondent Nos.1 and 2 and he submits that the amount so awarded by the Land Acquisition Award dated 24.08.2016 shall be distributed to all the persons having their land in Khasra No.1361 in the proportionate of their holdings.
In view of the submissions made before this Court, the present writ petition is disposed of with a direction to the respondent No.3 to distribute the amount of award to all the persons who are having their lands in the proportionate manner commensurating with their holdings of the land in Khasra No.1361, Village Khinvsar, District Nagaur. The exercise shall be done by the respondent No.3 within a period of six weeks from the date of receipt of certified copy of this order.
The stay application and other pending applications, if any, also stand disposed of."
The respondent No.3 is directed that if the petitioners prefer a representation along with requisite documents and a copy of this order as well as the judgment rendered in Dev Kishan Bhati (supra), the same shall be decided within a period of four weeks from the date of receipt of such representation, strictly in accordance with law considering the factual details mentioned in the documents referred by the petitioners.
(VINIT KUMAR MATHUR),J 10-20-Shahenshah/-
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