RADHA KRISHNA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE short question which arises for determination in this special appeal against the order of J. P. Jain, J. , dated 28-9-1973 is, whether the learned single Judge was right in holding that (1) the writ petition filed by the appellants barred by the rule of constructive res judicata and (2) it could not be entertained due to inordinate delay and laches on their part.

(2.) IT is common ground that the appellants had previously filed writ petition No. 1384 of 1971 on identically the same facts, claiming the same reliefs viz. for quashing the notifications issued by the State Government of Rajasthan under sections 4 and 6 of the Rajasthan Land Acquisition Act, 1953 dated 17-10-1963 and 7-1-1971 for tine acquisition of village Rampura Roopa for the Jainpir improvement Trust for public purpose i. e. for the planned development of jaipur City under the Lal Kothi Scheme.

(3.) THAT petition of theirs was heard on merits along with Writ Petitions Nos. 538 and 546 of 1971 by Tyagi, J. on 23-2-1972. Tyagi, J. had, in the meanwhile, rejected 28 Writ Petitions challenging the aforesaid notifications on precisely similar grounds by the judgment in Writ Petition No. 112 of 1070 dated 31-31971. The order-sheet of 23-2-1972 reads:-