Krishi Upaj Mandi vs Ramesh Chand S/O Babulal
2022 Latest Caselaw 4606 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 7570/2022

Krishi Upaj Mandi, Sawai Madhopur Through Its Secretary.
                                                                       ----Petitioner
                                        Versus
1.      Ramesh      Chand         S/o      Babulal,         R/o     Channd,   Tehsil-
        Khandaar, District- Sawai Madhopur.
2.      Suresh Chand S/o Babulal, R/o Channd, Tehsil- Khandaar,
        District- Sawai Madhopur.
3.      Mahesh      Chand         S/o      Babulal,         R/o     Channd,   Tehsil-
        Khandaar, District- Sawai Madhopur.
4.      Land Acquisition Officer (Sdm), Sawai Madhopur.
5.      Tehsildar, Khandar, District Sawai Madhopur.
                                                                    ----Respondents

For Petitioner(s) : Mr.Yash Joshi, Adv. for Ms.Manju Joshi, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

07/07/2022

Matter comes up on misc. application No.2/2022 filed by the

petitioner for seeking a permission to file the present writ petition.

Learned counsel for the petitioner submitted that the

petitioner was a necessary party in Execution Application

No.26/2021 as well as in the Reference Application No.02/2013.

Learned counsel submitted that the land in question was

acquired at the request of the petitioner by the State Government

and the petitioner being beneficiary of the land was required to be

made a necessary party, in the reference application as well as in

the Execution Application.

(2 of 3) [CW-7570/2022]

Learned counsel in support of the said contention, placed

reliance on the judgment of the Apex Court reported in (2002) 3

SCC 228 Adbdul Rasak and Ors. Vs.Kerala Water Authority

and Ors.

Learned counsel submitted that in absence of necessary

party, both the Courts have proceeded against the petitioner and

as such this Court may grant permission to the petitioner to file

the present writ petition.

This Court, considering the law laid down by the Apex Court

in the case of Adbdul Rasak and Ors. Vs.Kerala Water

Authority and Ors. (supra), deems it proper to allow the

application of the petitioner and the petitioner is permitted to file

the present application.

Heard on admission.

Learned counsel for the petitioner submitted that the

reference application filed by the respondents under Section 18 of

the Land Acquisition Act, 1894 was allowed by the Senior Civil

Judge, Sawaimadhopur vide order dated 20.01.2015.

Learned counsel submitted that the petitioner feeling

aggrieved against such reference order has already filed Civil Misc.

Appeal No.586/2017 before this Court and the same is pending.

Learned counsel for the petitioner submitted that the

impugned order dated 04.04.2022 has been passed by the

Executing Court on the premise that the order passed by the

Reference Court was not put to challenge and no interim order

was passed.

Learned counsel submitted that the petitioner was a

necessary party before the Executing Court and the decree holder

(3 of 3) [CW-7570/2022]

without impleading the present petitioner as a party has got the

ex-parte order.

Issue notice of the writ petition as well as stay application to

the respondents, returnable on 25.07.2022. Notices be given

'dasti', as prayed.

In the meanwhile, effect and operation of the order dated

04.04.2022 shall remain stayed and further proceedings in

Execution Application No.26/2021 shall remain stayed.

List the matter along-with S.B.Civil Misc. Appeal

No.586/2017.

(ASHOK KUMAR GAUR),J

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