Khadi Gramodhay Samittee vs National Highway Authority ...
2023 Latest Caselaw 1355 Raj/2

[2023/RJJP/001272]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

               D.B. Special Appeal (Writ) No. 1383/2018
                                         In
                 S.B. Civil Writ Petition No.17572/2012
Khadi Gramodhay Samittee, Dholpur. Through Its Assistant/
Deputy Secretary Mr. Anang Pal Singh S/o Shri Rambabu Singh,
Aged About 48 Years, R/o GT Road, Dholpur, (Raj.)
                                                                       ----Appellant
                                      Versus
1.       National Highway Authority, Through Its Project Director,
         Operation Unit-13, Vivekanand Marg, University Road,
         Gwalior (M.P.)
2.       The Competent Authority (Land Acquisition Officer- Cum
         Additional District Collector), Dholpur (Rajasthan)
3.       The     District       Collector,     Dholpur,           District   Dholpur
         (Rajasthan)
                                                                   ----Respondents

For Appellant(s) : Mr. Dinesh Kumar Garg Advocate.

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE GANESH RAM MEENA

Judgment

02/02/2023

Heard.

The order dated 15.11.2017 passed by the learned Single

Judge has been assailed before us. The appeal is time barred by

241 days.

The writ petition was dismissed on the ground of existence of

an alternative remedy.

Learned counsel for the appellant would submit that the

issue raised in this appeal is squarely covered by the order of the

learned Single Judge passed in the case of Madhavi Sharma

[2023/RJJP/001272] (2 of 2) [SAW-1383/2018]

Versus National Highways Authority & Others, (2016) 3

RLW (Raj.) 1978, but the same could not be brought to the

notice of learned Single Judge.

If that be so, the remedy lies in filing of the review

application and not in appeal. Therefore, the appeal need not be

entertained, however, with liberty to file review application.

The appeal is accordingly dismissed with aforesaid liberty.

(GANESH RAM MEENA),J (MANINDRA MOHAN SHRIVASTAVA),J

SANJAY KUMAWAT-12

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