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1983 Supreme(Raj) 196

K.S.LODHA
Mela Ram – Appellant
Versus
The State of Rajasthan – Respondent


Advocates:
Appearance :
M. Mridul, for the Appellant
H.N. Calla, Govt. Advocate, for the Respondents

Judgment

K.S. Lodha, J.-The petitioners have filed this writ petition challenging the acquisition proceedings of the land in dispute. The facts giving rise to this writ petition may be summarised as under:--The petitioners are the joint khatedar tenants of the agricultural land comprising of 161/4 Killas in Square No. 2 and 10 Killas in Square No. 3. The land was initially purchased by petitioner No. 1 out of the joint family funds of the petitioners and is being used as ioint family property by all the petitioners. It is alleged by the petitioners that on account of some ill-will against the petitioners, who were not co-operating with the authorities in the Nasbandi Operation Programme started in the days of emergency, the authorities wanted to harass the petitioners. With that in view, the local authorities raised a false plea of the requirement of the aforesaid agr cultural land for the so-called public purpose of constructing a bus stand and motor garage with a waiting room etc. and. therefore, a notice Under Section 4 of the Rajasthan Land Acquisition Act. 1953 (hereinafter called ‘the Act’) was issued on 28-3-1977 and it was served upon petitioner No. 1 on 5-4-1977. The said












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