STATE OF RAJASTHAN Vs. IBRAHIM KHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The appellants have preferred this special appeal challenging the order dated 4th September, 2008 passed by the learned Single Bench, whereby the writ petition filed by petitioner/respondent Birdhi Lal has been allowed and respondents were directed to make payment of compensation within a period of one month.

(3.) Briefly stated the facts of the case are that the petitioner filed S.B.Civil Writ Petition No.787/2006 before Single Bench, wherein it was prayed that the order dated 5th February, 2005 passed by respondent No.1 be quashed and respondents be directed to make the payment of compensation of Rs.36,862/- to the petitioner with interest from 13.3.1993. It was averred in the writ petition that respondents allotted 10 Biswas land bearing Khasra No.2164 situated at Village Sethur under Rule 7 sub-rule 2 of the Rajasthan Land Revenue Rules, 1965 vide order dated 18th March, 1985 to the petitioner for lime klin for a period of one year. After expiry of this period, the petitioner is continuously depositing yearly lease amount to the respondents and he was continuously in possession on the land, which was allotted to him by the respondents. The said land was acquired in February 1991 for which compensation was determined. The compensation of the petitioner was sent to the respondent No.2. The petitioner was directed to appear at Patwar Ghar of Village Senthur and in compliance thereof petitioner appeared with all the relevant documents and submitted them to the respondent. However, no action was taken. Therefore, petitioner sent a notice through his counsel on 22.4.2003. The respondent No.1 sent a reply on 24.7.2003 along with factual report of respondent No.3 in which it was mentioned that validity of lime klin was expired on 10th March, 1986 and petitioner was not entitled to receive any compensation. Thereafter, petitioner filed S.B.Civil Writ Petition No.6584/2003, which was disposed off vide order dated 23.4.2004 by this Court directing the Land Acquisition Officer to consider the case of the petitioner for compensation. The order of this Court was not complied with. Therefore, petitioner sent a notice of contempt and after receipt of the notice of contempt, the respondent No.1 passed an order dated 5th February, 2005, whereby the earlier order of year 1985 was cancelled w.e.f. 10th March, 1986. Being aggrieved with the order dated 5th February, 2005, the petitioner filed present S.B.Civil Writ Petition No.787/2006.