R S GEHLOT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) DR. R.S. Gehlot and S.S. Gehlot (petitioners) have filed this writ petition seeking declaration as to their land bearing Khasra Nos. 237/513, 238, 240, 240/514, 241, 242, 243 and 250 measuring 10 bighas & 1 biswa situated in village Shak Sudarshanpura (Tonk Road) Tehsil and District Jaipur that acquisition proceedings under notification dt. 13.5.1960 published in Rajasthan Gazette dt. 6.6.1960 issued under Sec. 4 of Rajasthan Land Acquisition Act, 1953 (for short Raj. Act) so also under notification dt. 18.4.1961 published in Rajasthan Gazette dt. 11.5.61 issued under Sec. 6 of the Rajasthan Act stand lapsed by virtue of mandatory provisions of Section 11A of the Land Acquisition Act, 1894 (for short the Central Act) and thereby the respondents be restrained from interfering in possession over their land ibid.

(2.) THE facts having been complexed and complicated at the instance of the petitioners leading to this writ petition are epitomised hereunder with a view to resolve long standing controversy under misconception for their own lapses.

(3.) THE petitioners also admitted that they had earlier filed S.B. Civil Writ Petition No. 4240/94 (for short "second petition") claiming regularisation of their land in dispute in the light of the decision/the circular dt. 18.2.94 of the State Govt. taken in cases of other land owners like them. THE second writ petition was filed on 23.5.94 also seeking declaration of 14 items under caption JDA and two items under caption Rajasthan Avasan Mandal in item S (1) of circular dt. 18.2.94 as discriminatory and since 23.5.94 that petition continued to be adjourned for admission and on one occasion on 9.1.95 it was dismissed in default but restored to its original number on 5.9.95 in Restoration Application No. 39/95 and then again it was got adjourned many a times at the request of the petitioner's learned counsel and that petition was withdrawn on 22.4.99 by the petitioner' learned counsel Shri G.L. Pareek and so second writ petition also stood dismissed as withdrawn.