Rajasthan High Court - Jodhpur

Teja Ram vs Union Of India (2024:Rj-Jd:9692) on 26 February, 2024

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

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      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 274/2024

Dungar Ram S/o Kalu Ram, Aged About 57 Years, Resident of
104, Majisa Colony, Khinvsar, Nagaur, (Raj.).
                                                                         ----Petitioner
                                       Versus
1.       Union of India, Through The Secretary, Ministry of Road,
         Transport and Highway, Government of India, New Delhi.
2.       The Collector, District Nagaur, (Raj.)
3.       The Prescribed Authority (Land Acquisition) and Additional
         District Collector, Nagaur, District Nagaur, Rajasthan.
                                                                      ----Respondents
                               Connected With

                S.B. Civil Writ Petition No. 278/2024

 Gopal Ram S/o Aidan Ram, Aged About 47 Years, By Caste
 Suthar, Resident of Fathe Colony, Khinvsar, Nagaur, (Raj.)
                                                                         ----Petitioner
                                       Versus
 1.       Union Of India, Through The Secretary, Ministry Of
          Road, Transport and Highway, Government Of India,
          New Delhi.
 2.       The Collector, District Nagaur (Raj.).
 3.       The Prescribed Authority (Land Acquisition) And
          Additional District Collector, Nagaur, District Nagaur,
          Rajasthan.
                                                                     ----Respondents

                S.B. Civil Writ Petition No. 280/2024

 1.       Jagdish Suthar S/o Chena Ram Suthar, Aged About 38
          Years, By Caste Suthar, Resident of B-303, Tulsi
          Appartment, Rang Avdhut Society, Parvat, Surat City,
          Gujarat.
 2.       Suthar Arjun Ram S/o Chena Ram Suthar, Aged About
          36 Years, By Caste Suthar, Resident of B-303, Tulsi
          Appartment, Rang Avdhut Society, Parvat, Surat City,
          Gujarat.
                                                                        ----Petitioners
                                       Versus
 1.       Union Of India, Through The Secretary, Ministry Of
          Road, Transport And Highway, Government Of India,
          New Delhi.
 2.       The Collector, District Nagaur (Raj.).
 3.       The       Prescribed     Authority         (Land          Acquisition)   And

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          Additional District Collector, Nagaur, District Nagaur,
          Rajasthan.
                                                                 ----Respondents

               S.B. Civil Writ Petition No. 285/2024

 1.       Deva Ram S/o Hardeen Ram, Aged About 47 Years, By
          Caste Jat, Resident of Dharnawas, Nagari, Nagaur
          (Raj.).
 2.       Kailash Ram S/o Hardeen Ram, Aged About 48 Years, By
          Caste Jat, Resident of Dharnawas, Nagari, Nagaur
          (Raj.).
                                                                   ----Petitioners
                                    Versus
 1.       Union Of India, Through The Secretary, Ministry Of
          Road, Transport And Highway, Government Of India,
          New Delhi.
 2.       The Collector, District Nagaur (Raj.).
 3.       The Prescribed Authority (Land Acquisition) And
          Additional District Collector, Nagaur, District Nagaur,
          Rajasthan.
                                                                 ----Respondents

               S.B. Civil Writ Petition No. 289/2024

 Kachara Ram S/o Mala Ram, Aged About 57 Years, Resident of
 Begas Road, Khinvsar, Nagaur.
                                                                    ----Petitioner
                                    Versus
 1.       Union Of India, Through The Secretary, Ministry Of
          Road, Transport And Highway, Government Of India,
          New Delhi.
 2.       The Collector, District Nagaur, (Raj.).
 3.       The Prescribed Authority (Land Acquisition) And
          Additional District Collector, Nagaur, District Nagaur,
          Rajasthan.
                                                                 ----Respondents

               S.B. Civil Writ Petition No. 906/2024

 Madan Ram S/o Kishana Ram, Aged About 63 Years, R/o
 Khodava, Nagaur (Raj.).
                                                                    ----Petitioner
                                    Versus
 1.       Union Of India, Through The Secretary, Ministry Of
          Road, Transport And Highway, Government Of India.


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 2.       The Collector, District Nagaur (Raj.).
 3.       The Prescribed Authority (Land Acquisition) And
          Additional District Collector, Nagaur, District Nagaur,
          Rajasthan.
                                                                 ----Respondents


               S.B. Civil Writ Petition No. 844/2024
 Sanwar Mal S/o Mana Ram, Aged About 60 Years, Resident of
 Ward No. 24, Losal, Chhoti, Sikar, (Raj.).
                                                                    ----Petitioner
                                    Versus
 1.       Union Of India, Through The Secretary, Ministry Of
          Road, Transport And Highway, Government Of India,
          New Delhi.
 2.       The Collector, District Nagaur, (Raj.).
 3.       The Prescribed Authority (Land Acquisition) And
          Addittional District Collector, Nagaur, District Nagaur,
          Rajasthan.
                                                                 ----Respondents
               S.B. Civil Writ Petition No. 911/2024
 Jethmal S/o Govind Ram, Aged About 46 Years, R/o Ward No.
 8, Uparla Maliyon Ka Bass, Khinvsar, Nagaur.
                                                                    ----Petitioner
                                    Versus
 1.       Union Of India, Through The Secretary, Ministry Of
          Road, Transport And Highway, Government Of India,
          New Delhi.
 2.       The Collector, District Nagaur (Raj.).
 3.       The Prescribed Authority (Land Acquisition) And
          Additional District Collector, Nagaur, District Nagaur,
          Rajasthan.
                                                                 ----Respondents
               S.B. Civil Writ Petition No. 918/2024
 Rajendra S/o Mohan Ram, Aged About 57 Years, Resident of
 Fateh Colony, Khinvsar, Nagaur, (Raj.).
                                                                    ----Petitioner
                                    Versus
 1.       Union Of India, Through The Secretary, Ministry Of
          Road, Transport And Highway, Government Of India,
          New Delhi.
 2.       The Collector, District Nagaur, (Raj.)
 3.       The Prescribed Authority (Land Acquisition) And
          Additional District Collector, Nagaur, District Nagaur,
          Rajasthan.


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                                                                    ----Respondents
               S.B. Civil Writ Petition No. 932/2024
 Shobha W/o Mangilal, Aged About 60 Years, Resident of Veer
 Tejabasti, Near Tegor School, Manasar, Nagaur.
                                                                       ----Petitioner
                                        Versus
 1.       Union Of India, Through The Secretary, Ministry Of
          Road, Transport And Highway, Government Of India,
          New Delhi.
 2.       The Collector, District Nagaur, (Raj.).
 3.       The Prescribed Authority (Land Acquisition) And
          Additional District Collector, Nagaur, District Nagaur,
          Rajasthan.
                                                                    ----Respondents
               S.B. Civil Writ Petition No. 939/2024
 Teja Ram S/o Govind Ram, Aged About 50 Years, Resident of
 Ward No. 12, Guriya, Post Office Dehru, Tehsil and District
 Nagaur.
                                                                       ----Petitioner
                                        Versus
 1.       Union Of India, Through The Secretary, Ministry Of
          Road, Transport And Highway, Government Of India,
          New Delhi.
 2.       The Collector, District Nagaur, (Raj.).
 3.       The Prescribed Authority (Land Acquisition), And
          Additional District Collector, Nagaur, District Nagaur,
          Rajasthan.
                                                                    ----Respondents


For Petitioner(s)             :     Mr. Pradeep Swami
For Respondent(s)             :     Mr. R.D. Bhadu



         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

26/02/2024

Learned counsel for the petitioners submits that the

controversy involved in the present cases is squarely covered by a

judgment rendered by this Court in S.B. Civil Writ Petition

No.273/2024 (Dev Kishan Bhati & Anr. Vs. Union of India &

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Ors.) decided on 10.01.2024. He, therefore, prays that the

present petitioners may be allowed to file a representation along

with necessary documents and a copy of this judgment before the

respondent No.3 and the respondent No.3 may be directed to

consider the same and decide it in light of the judgment rendered

by this Court in the case of Dev Kishan Bhati (supra).

In reply to the contention made by learned counsel for the

petitioners, learned counsel for the respondents submits that if

the facts and details submitted by the petitioners are akin or

similar to the facts and details mentioned in the case of Dev

Kishan Bhati (supra), the petitioners will be granted the same

relief after examination of the matter by the competent authority.

Considering the submissions made before this Court, the

present writ petition is disposed of in terms of the judgment

rendered by this Court in the case of Dev Kishan Bhati (supra)

on 10.01.2024, which reads as under:-

"Heard learned counsel for the parties. The present writ petition has been filed with a prayer that the amount awarded vide award dated 24.08.2016 may be proportionately distributed to all the khatedars of Khasra No.1361, Village Khinvsar, District Nagaur.

Learned counsel for the petitioners submits that the petitioners are having a piece of land in Khasra No.1361, Village Khinvsar, District Nagaur which was acquired by the respondents and for the same, a land acquisition award has been passed by the respondents on 24.08.2016. Learned counsel for the petitioners submits that since there are number of khatedars having different pieces of land in Khasra No.1361, Village Khinvsar, District Nagaur, therefore, the respondents may be directed to distribute the amount of the award proportionately to all the persons having the lands in Khasra No.1361, Village Khinvsar, District Nagaur in the proportion of their holdings in land. The petitioners are not challenging the quantum of the land but they want that since there are number of persons having lands in

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different dimensions in Khasra No.1361, Village Khinvsar, District Nagaur, therefore, all those persons should be compensated from the amount awarded in the equal proportion to the lands which they are holding in this khasra number.

The submission made by learned counsel for the petitioners is gracefully accepted by the respondent Nos.1 and 2 and he submits that the amount so awarded by the Land Acquisition Award dated 24.08.2016 shall be distributed to all the persons having their land in Khasra No.1361 in the proportionate of their holdings.

In view of the submissions made before this Court, the present writ petition is disposed of with a direction to the respondent No.3 to distribute the amount of award to all the persons who are having their lands in the proportionate manner commensurating with their holdings of the land in Khasra No.1361, Village Khinvsar, District Nagaur. The exercise shall be done by the respondent No.3 within a period of six weeks from the date of receipt of certified copy of this order.