The State Of Rajasthan vs Narayan
2021 Latest Caselaw 11118 Raj

(1 of 3) [SAW-931/2017]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 931/2017

1. The State of Rajasthan through Secretary, Public Health and Engineering Department, Government of Rajasthan, Jaipur.

2. District Collector, Udaipur.

3. Land Acquisition Offices (Deputy Collector), Girwa, Dist.

Udaipur.

4. Sub Divisional Officer, Girwa, Distt. Udaipur

----Appellants Versus

1. Narayan S/o Sh. Teja, Aged about 55 years, By Caste Dangi.

2. Sawa Bai D/o Sh. Nawla, Aged about 55 years By cast Dangi.

3. Hudi W/o Sh. Devi Lal Aged about 38 years, By caste Dangi.

4. Sawa S/o Sh. Teja, aged about 50 years, B/c Dangi through legal representative.

1. Lalu Ram S/o Late Sawa Dangi.

2. Bheru Lal S/o Late Sawa Dangi

3. Lani Bai W/o Late Sawa Dangi

5. Daula S/o Sh. Dewa, aged about 60 years B/c Dangi through legal representatives:

1. Meghraj S/o Late Shri Daula Ji

2. Kesulal S/o Late Shri Daula Ji

3. Khemraj S/o Late Shri Daula Ji

6. Kesa S/o Shri Dewa, Aged about 55 years, by caste Dangi through legal representatives:

1. Pooran Mal S/o Late Shri Kesa

2. Tulsi Ram S/o Late Shri Kesa

7. Bhagwan Lal S/o Shri Dewa, Aged about 50 years, by caste Dangi.

8. Tulsi W/o Shri Mitha Lal, aged about 32 years, by caste Dangi,

9. Lella W/o Shri Hemraj Dangi, aged about 30 years, by caste Dangi

10. Wena S/o Dewa, aged about 70 years, by caste Dangi,

(2 of 3) [SAW-931/2017]

through legal representatives:

1. Nandu Bai W/o Late Shri Wena

2. Udai Lal S/o Late Shri Wena

3. Heera Lal S/o Late Shri Wena

4. Sohan Lal S/o Late Shri Wena All R/o Manvakheda, Panchayat Kaliadwas, Tehsil Girwa, District Udaipur.

11. Urban Improvement Trust Udaipur, through its Secretary, Urban Improvement Trust, Udaipur.

----Respondents

For Appellant(s) : Mr. Pankaj Sharma, AAG For Respondent(s) : Mr. Vikas Balia, through V.C.

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

19/07/2021

The matter comes up for orders on an application No.1/2021

for early listing of the appeal, which is not opposed. Thus, the

same is accepted.

The respondents who are represented by Shri Vikas Balia

have filed the instant application mentioning that the controversy

involved in this appeal no longer survives, in view of the Hon'ble

Supreme Court Judgment in the case of Indore Development

Authority Vs. Manoharlal & Ors. reported in AIR 2020 SC

1496. Shri Vikas Balia further submits that the appeal is itself fit

to be accepted and the order of the Single Bench by which, the

writ petition was accepted only with reference to Section 24(2) of

the Land Acquisition Act, may be set aside and the writ petition be

restored to its original number for fresh consideration.

Shri Pankaj Sharma, learned Addl. Advocate General agrees

to this submission.

(3 of 3) [SAW-931/2017]

In view of above submission, the appeal is allowed and the

impugned order dated 23.02.2017 is set aside.

The writ petition will be restored to its original number

and shall be heard and decided on merits.

(MANOJ KUMAR GARG),J (SANDEEP MEHTA),J 27-Ishan/Anshul/-

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