NARSI LAL Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) At the very outset, before arguing the matter, Mr. Anil Mehta, appearing on behalf of the petitioner, very fairly submits that earlier the petitioner had moved a writ petition i.e. SBCWP No.9586/2005 titled as Narsilal Sharma Vs. State of Rajasthan & Ors., wherein vide order dated 25.01.2007, this Court recorded the statement of the Additional Advocate General that in respect of the land in dispute, the Government and JDA had decided to give 25% developed land to the khatedars as exceptional measure as per circular dated 27.10.2005 and in view of the statement of the Additional Advocate General, this Court came to a conclusion that the petition be dismissed as infructuous. The petitioner was to exercise his option for 25% developed land upto 15.02.2007.

(2.) Mr. Mehta submits that however even following the order dated 25.01.2007, the petitioner, in view of the present writ petition which was filed on 26.03.2004 (even though numbered as 10904/2008), did not exercise his option as the petitioner was advised that the entire land acquisition proceedings for the acquisition of his land were null and void for the reason that the acquisition proceedings notified under Section 4 of the Land Acquisition Act, 1894 were intended for the purpose of RIICO but was, subsequently, on RIICO's expression of dis-interest in the said land, sought to be diverted for the use by the JDA and so diverted illegally.

(3.) Be that as it may, I am of the view that as the petitioner has, in SBCWP No.9586/2005 filed before this Court and decided on 25.01.2007, accepted the judgment of this Court, he should have exercised his option for 25% developed land and this writ petition cannot be agitated for a different relief on the ground that the issues raised herein are hit by res judicata and constructive res judicate or in any event principles analogous thereto.