KULDEEP SARIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE present writ petition has been filed for quashing notification dated 11. 11. 1991 issued u/s. 6 of Land Acquisition Act, 1894 (Annexure 6) and the notice issued u/s. 9 of the said Act on 24. 4. 1993 (Annexure 7 ).

(2.) IT is pertinent to observe that by way of filing present writ petition, notification issued u/s. 4 of the Land Acquisition Act has not been challenged for the reason best known to the petitioner.

(3.) ONCE the averments made in reply filed by respondents to the effect that after publication of the notification u/s. 4 of Land Acquisition Act the petitioner alongwith his other co-sharers filed objections u/s. 5-A of the said Act before the Land Acquisition Officer and after its rejection he filed the present writ petition whereas his other co-sharers had submitted to the order passed by Land Acquisition Officer u/s. 5-A of the Act is believed the instant writ petition is liable to be dismissed on this ground alone as it is not possible for this Court to pass an order in exercise of its extra-ordinary jurisdiction which may lead to a conflicting result. In the present case since the other co-sharers of the petitioner had submitted to the order passed by Land Acquisition Officer u/s. 5-A of Land Acquisition Act, therefore I decline to examine the legality and validity of the notification u/s. 6 of Land Acquisition Act and notice issued to the petitioner u/s. 9 of the said Act as it would lead to conflicting result. I have no hesitation to hold that once the petitioner filed his objections u/s. 5-A of the Land Acquisition Act which was rejected on merit by Land Acquisition Officer he is not entitled to question the legality and validity of Annexures-6 & 7 annexed to the writ petition.