The Competent Authority Cum Sub ... vs Gopal Purohit
2021 Latest Caselaw 18679 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 1/2020

1. The Competent Authority Cum Sub Divisional Magistrate, (Sub Divisional Officer), Mount Abu.

2. The District Collector, Sirohi.

3. The District Transport Officer, Sirohi

----Appellants Versus Gopal Purohit S/o Sh. Keshvram Ji, Aged About 56 Years, B/c Purohit, R/o Parsichal, Aburoad.

----Respondent

For Appellant(s) : Mr. Utkarsh Gurjar for Mr. Sunil Beniwal, AAG For Respondent(s) : Mr. Suniel Purohit

HON'BLE MR. JUSTICE SUDESH BANSAL Order

08/12/2021

The instant first appeal has been filed against the judgment

and decree dated 06.03.2019.

It transpires by perusal of the impugned judgment that the

land of Khasra No.976/1 measuring 0.113 hectare is said to be

acquired and two applications were filed for claiming the

compensation of the said land. One application is filed by the

respondent-plaintiff Gopal Purohit and another application is filed

by the appellant No.3- The District Transport Officer, Sirohi. The

authority concerned, allowed the application of appellant-

defendant No.3 - The District Transport Officer, Sirohi vide order

dated 28.07.2007 and directed to pay the compensation to him,

however the application filed by the respondent-plaintiff was not

decided and yet pending.

(2 of 2) [CFA-1/2020]

In these backdrops of fact, the respondent-plaintiff filed the

present suit with a prayer that his application for compensation be

decided and till then, the order dated 28.07.2007, passed in

favour of defendant No.3 be not executed.

Heard both the counsels for parties. The appellants has

raised a legal question that for adjudication of the aforesaid

dispute the jurisdiction of civil court is barred and the respondent-

plaintiff, even for the aforesaid relief has remedy under the Land

Acquisition Act itself.

On the other hand, learned counsel for the respondent-

plaintiff submits that the civil court has jurisdiction.

In view of above, the appeal is admitted for hearing.

Heard the parties on the stay application.

Since the impugned judgment and decree dated 06.03.2019

has been passed by the civil court, same is stayed, however the

respondent-plaintiff is at liberty to pursue his relief for claiming

compensation before the concerned authorities and may avail

appropriate remedy available in law. As far as the payment of

compensation to defendant No.3 pursuant to the order dated

28.07.2007, is concerned same shall remain stayed until the

application for compensation of respondent-plaintiff is decided on

merits.

With aforesaid observations, the stay application is disposed

of.

(SUDESH BANSAL),J

168-Ravi Kh/-

Powered by TCPDF (www.tcpdf.org)