NATHURAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant intra court appeal is directed against order of the Ld. Single Judge impugned dt.27-2-2017.

(2.) The writ petitioners who were originally nine in number and legal representatives of late Sh. Moti Ram challenged the notification u/S.4 of the Land Acquisition Act,1894 ("Act,1894") dt.25-8-2011 followed with declaration u/S.6 dt.29-3-2012 and further prayed not to interfere in the peaceful possession and enjoyment in the subject land in question.

(3.) At the outset it may be noticed that nine writ petitioners originally approached this Court and six out of them apart from other writ petitioners-Khatedars who preferred their writ petitions no.9227/2012, 9228/2012 and 9231/2012 moved application for withdrawal of writ petition on their behalf, which was allowed vide order dt.3-3-2014 at the same time the similarly situated Khatedars who preferred their respective writ petitions, they too withdrew their writ petitions on 17-1-2014 and 19-3-2014 respectively. The fact remains that out of the total acquisition initiated pursuant to notification u/S.4 of the Act,1894 dt.25-8- 2011 followed with declaration u/S.6 dt.29-3-2012 was in reference to the land ad-measuring 1.28 hectares, all withdrew their writ petition and accepted the developed land which was offered by the Government and the dispute stood confined to the land ad-measuring 0.77 hectares which remain the subject matter of challenge before the Ld. Single Judge in the instant proceedings.