Punanath vs The State Of Rajasthan ...
2026 Latest Caselaw 4588 Raj

Rajasthan High Court - Jodhpur

Punanath vs The State Of Rajasthan ... on 25 March, 2026

[2026:RJ-JD:14014]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 5068/2026

Punanath S/o Bhanwar Nath, Aged About 60 Years, R/o Harima,
Tehsil And District Nagaur, Rajasthan.
                                                                        ----Petitioner
                                     Versus
1.       The State Of Rajasthan, Through Secretary, Department
         Of Revenue, Government Of Rajasthan, Jaipur.
2.       District Collector, Nagaur.
3.       Additional District Collector, Nagaur.
4.       M/s. Jsw Cement Limited, Registered Office, Jsw Centre,
         Bandra Kurla Complex, Bandra (East), Mumbai 400051,
         Maharastra, India Cement Production And Lime Stone,
         Mines Patta, 3B2, Lime Stone Block, N/v Sarasani Tehsil
         And District Nagaur, Through Executive Officer Varindra
         Singh Saini S/o Sardar Mohan Singh Saini, Hoshiyarpur,
         Punjab, Associate Vice President, Jsw Cement Limited, At
         Present Spais Hotel, First Flor, B.r. Mirgh, Opposite
         Government College, Nagaur, Tehsil And District Nagaur,
         Rajasthan.
                                                                    ----Respondents


For Petitioner(s)          :     Mr. Manohar Singh Rathore
                                 Mr. Satya Prakaash Sharma
                                 Mr. Girdhari Lal Prajapat
For Respondent(s)          :     Mr. Akshay Nagori



            HON'BLE MR. JUSTICE SANJEET PUROHIT

Order

25/03/2026

1. Present writ petition has been filed seeking a direction to be

issued to the respondents to undertake the acquisition

proceedings as per the provisions of Right to Fair Compensation

and Transparency in Land Acquisition Rehabilitation and

Resettlement Act, 2013 (hereinafter referred to as the 'Act of

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[2026:RJ-JD:14014] (2 of 3) [CW-5068/2026]

2013') and for quashing of proceedings initiated by the

respondent-Company, pending before Court of Additional District

Collector, Nagaur under Section 89 of the Rajasthan Land Revenue

Act, 1956 (hereinafter referred to as the 'Act of 1956').

2. While considering the facts of said case, this Court found that

the main prayer made in the writ petition is for grant of

compensation as per the provisions of Act of 2013. This Court vide

order dated 26.02.2026 in SB Civil Writ Petition No.4503/2026

directed the parties to remain present before the District Collector,

Nagaur on 09.03.2026 at 12.00 pm for settlement of amount of

compensation, as per the provisions of Act of 2013. In pursuance

of the said directions, the computation of compensation was

presented before this Court, however, petitioner has refused to

accept the same.

3. Learned counsel for the petitioner submitted that as a matter

of fact the proceedings initiated under Section 89 of the Act of

1956 are not maintainable.

4. Learned counsel for the respondents submits that the

application filed under Section 89 of the Act of 1956 for allotment

of the land in question is pending consideration before the

Additional District Collector, Nagaur, however, no objection has

been filed by the petitioner so far and, therefore, his writ petition

is premature.

5. Learned counsels for the petitioner are not in a position to

dispute the aforesaid submissions.

6. In view of the above, the present writ petition is dismissed

as premature. However, the petitioner is at liberty to submit his

objection in the pending acquisition proceedings under the

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[2026:RJ-JD:14014] (3 of 3) [CW-5068/2026]

provisions of the Act of 1956. Since the issue of allotment of land

relates to development project/project of larger importance, if

such objections are filed, the same shall be decided expeditiously

and in accordance with law.

7. Stay application and all pending application(s) are also

disposed of.

(SANJEET PUROHIT),J 117-Arjun/-

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