Sukh Dev Vishnoi vs Union Of India (2025:Rj-Jd:3807)
2025 Latest Caselaw 4983 Raj

Rajasthan High Court - Jodhpur

Sukh Dev Vishnoi vs Union Of India (2025:Rj-Jd:3807) on 21 January, 2025

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2025:RJ-JD:3807]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Civil Writ Petition No. 7180/2024

1.       Sukh Dev Vishnoi S/o Gopa Ram Vishnoi, Aged About 58
         Years, Balaji Nagar, Guda Vishnoyan, District Jodhpur
         (Raj.).
2.       Jeta Ram Khava S/o Gopa Ram Khava, Aged About 53
         Years, Khawo Ki Dhaniya, Guda Vishnoyan, District
         Jodhpur (Raj.).
3.       Swaroop Ram S/o Gopa Ram, Aged About 47 Years, Guda
         Vishnoyan, District Jodhpur (Raj.).
                                                                       ----Petitioners
                                        Versus
1.       Union Of India, Through The Secretary, Ministry Of Road,
         Transport And Highway, Government Of India, New Delhi.
2.       The Chief Engineer (National Highway), Public Works
         Department, Government Of Rajasthan, Jaipur (Raj.).
3.       The Prescribed Authority (Land Acquisition) And Sub
         Divisional Officer, Rohet, Pali, District Pali, Rajasthan.
4.       The Project Director And Executive Engineer, Public Works
         Department, National Highway Block, Pali (Raj.).
                                                                     ----Respondents


For Petitioner(s)             :     Mr. Pradeep Swami
For Respondent(s)             :     Mr. Ashwariya Anand
                                    Mr. Mahaveer Bishnoi, AAG



         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

21/01/2025

Heard.

Learned counsel for the petitioners submits that the

controversy involved in the present case is squarely covered by a

judgment dated 07.01.2025 passed by this Court in S.B. Civil

[2025:RJ-JD:3807] (2 of 2) [CW-7180/2024]

Writ Petition No.12356/2024(Jeta Ram vs. Union of India &

Ors.).

Learned counsel for the respondent submits that only

difference is that the petitioners have not approached the

Arbitrator in the present case. However, if the petitioners seek

permission to approach the Land Acquisition Officer, the judgment

rendered by this Court in case of Jeta Ram (supra) may be

applicable in the present case.

In view of the above submissions, the writ petition is

disposed of in terms of the judgment rendered by this Court in

Jeta Ram's case (supra) and the petitioners are given liberty to

approach the concerned Land Acquisition Officer by way of filing

an appropriate application for grant of solatium and interest and

the Land Acquisition Officer is directed to decide the said

application expeditiously, after giving reasonable opportunity of

hearing to all the concerned parties, by passing a reasoned and

speaking order preferably within a period of three months from

the date of receipt of such application.

It is made clear that the respondents will be at liberty to

raise all the grounds available to them including the ground of

delay in filing such application.

The stay application as well as other pending misc.

applications, if any, stand disposed of accordingly.

(VINIT KUMAR MATHUR),J 19-SanjayS/-

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