Gokal Ram vs State Of Rajasthan
2023 Latest Caselaw 706 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 283/2021

Gokal Ram S/o Madha Ram, Aged About 80 Years, 227, Gidawato Ka Bera, Pipar, Jodhpur, (Raj.)- 342601.

----Appellant Versus

1. State Of Rajasthan, Through District Collector, Jodhpur.

2. Sub-Divisional Officer, Pipar City, Jodhpur.

3. Tehsildar, Pipar City, Jodhpur.

4. Project Director (Ppp), Public Works Department, Jodhpur.

----Respondents

For Appellant(s) : Ms. Kamini Joshi. For Respondent(s) : Mr. K.S. Rajpurohit, AAG.

Mr. Sunil Beniwal, AAG.

Mr. Pranjul Mehta.

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

Order

18/01/2023

Office objections are overruled.

With the consent of the learned counsel representing the

petitioner and the learned counsel representing the respondents,

the instant intra court appeal is being heard and decided today

itself.

Learned counsel representing the parties submit that the

controversy involved in this special appeal (writ) is no longer res

integra and that the matter is covered by the Judgment rendered

by this Court in the case of Kumari Kanta Choudhary & Ors.

vs. State of Rajasthan & Ors. (D.B. Special Appeal (Writ)

No.336/2021) decided on 11.07.2022.

(2 of 2) [SAW-283/2021]

In view of the submissions noted above, the instant intra

court appeal is allowed in light of the Judgment rendered in the

case of Kumari Kanta Choudhary (supra). Hence, the order

dated 12.03.2020 passed by the SDO, Pipar City, so also the order

dated 27.04.2021 passed by the learned Single Bench are

reversed. The respondents shall now proceed with the matter at

the stage of dealing with the objections of the appellants-

petitioners which shall be process strictly in accordance with the

procedure provided under Section 15 of the Act of 2013. Since the

Highway Project is held up qua the land parcels owned by the

petitioners, the concerned officials shall expedite the process and

complete the same within a period of two months from today.

No order as to costs.

(RAJENDRA PRAKASH SONI),J (SANDEEP MEHTA),J

12-Tikam/Devesh/-

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