TEJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner with the following prayers :

(2.) Brief facts of the case are that the State Government issued a notification under Sec. 52(2) of The Rajasthan Urban Improvement Trust Act, 1959 (hereinafter referred to as 'Act of 1959') dated 08.06.1976 for compulsory acquisition of land bring Khasra No. 343 measuring 2 Bigha 11 Biswa situated at Village Daudpur, Alwar for the purpose of housing project of Itie Urban Improvement Trust, Alwar (hereinafter referred to as 'UIT'). The said notice was issued in the name of Registered owner/Khatedar of the land in dispute i.e. Moti Lal s/o Budha Ram Jat. Again the State Government issued a notification under Sec. 52(1) of the Act of 1959 vide notification dated 18.11.1976. The said notice was also issued in the name of Registered owner/Khatedar i.e. Moti Lal S/o Budha Ram Jat. In pursuance to the notification issued under Sec. 52(1) of the Act of 1959 the registered owner/Khatedar of the land was further given notice under Sec. 53(3) of the Act of 1959 for appearing on 30.11.1976 for determination of compensation. In compliance of the notice the registered owner appeared in the office of UIT, Alwar and an agreement of compensation for the land acquired by the Government of Rajasthan under Sec. 52(1) and (3) of the Act of 1959 was executed between the UIT and the registered owner/Khatedar on 28.03.1977. Thereafter, the possession of the land in dispute was taken by the State Government on 30.03.1977. The compensation for the land in dispute was also paid to the registered owner/Khatedar of the land on the same day i.e. 30.03.1977. Thus, in pursuance to the provisions of Sec. 52(4) of the ACt of 1959 the land in dispute vest absolutely in the State Government free from all encumbrances.

(3.) Prior to filing of the writ petition before this court the petitioner has filed a civil suit with regard to same relief before the Civil Court at Alwar in the matter of Tej Singh Vs. Urban Improvement Trust, Alwar (Civil Suit No. 219/1987) in the year 1987 and the said suit was dismissed by the Civil Court on the ground that Civil Court has no jurisdiction vide judgment and decree dated 15.03.1999.