RAJASTHAN HIGH COURT AT JAIPUR BENCH
Mohammad Rafiq, J.
National Engineering Industries Limited, Jaipur - Appellant
Versus
State of Rajasthan and others - Respondent
S.B. Civil Writ Petition No.3566 of 1994.
Decided On : 16-12-2013
JUDGMENT 1. All these three writ petitions pertain to different parcels of agriculture land, which are sought to be acquired and taken possession of by the State, treating them to be surplus land in the hands of late Shri Rao Rawal Rajeshwar Singh, who is now represented in first of these three writ petitions by his two sons. His mother - late Smt.Roop Raj Laxmi, who too is represented by the same legal heirs, had filed S.B. Civil Writ Petition No.1416/1976 assailing various orders passed by the authorities declaring the land surplus in the hands of her son Rao Rawal Rajeshwar Singh and praying for direction to treat her as an independent/separate unit for the purpose of computation of ceiling limit. National Engineering Industries Ltd. has filed S.B. Civil Writ Petition No.3566/1994 assailing the order dated 8/8/1991 passed by Additional Collector (I), Jaipur declaring the land, which it purchased from late Shri Rao Rawal Rajeshwar Singh, as part of his surplus land and the order dated 20/5/1994 passed by the Sub Divisional Magistrate, Amer directing Tehsildar to take possession of such land. S.B. Civil Writ Petition No.3927/2001 has been filed by Surendra Pal Colony Vikas Samiti, who have set up a residential colony on the land declared surplus by the competent authority in the hands of late Shri Rao Rawal Rajeshwar Singh with the prayer that respondent-Jaipur Development Authority be directed to regularise possession of the members of the petitioner-society at the normal rates, instead of charging the rate applicable to the Government land. All the writ petitions were heard together and are being decided by this common judgment.
Fact of the Case:
1. All these three writ petitions pertain to different parcels of agriculture land, which are sought to be acquired and taken possession of by the State, treating them to be surplus land in the hands of late Shri Rao Rawal Rajeshwar Singh, who is now represented in first of these three writ petitions by his two sons. His mother - late Smt.Roop Raj Laxmi, who too is represented by the same legal heirs, had filed S.B. Civil Writ Petition No.1416/1976 assailing various orders passed by the authorities declaring the land surplus in the hands of her son Rao Rawal Rajeshwar Singh and praying for direction to treat her as an independent/separate unit for the purpose of computation of ceiling limit. National Engineering Industries Ltd. has filed S.B. Civil Writ Petition No.3566/1994 assailing the order dated 8/8/1991 passed by Additional Collector (I), Jaipur declaring the land, which it purchased from late Shri Rao Rawal Rajeshwar Singh, as part of his surplus land and the order dated 20/5/1994 passed by the Sub Divisional Magistrate, Amer directing Tehsildar to take possession of such land. S.B. Civil Writ Petition No.3927/2001 has been filed by Surendra Pal Colony Vikas Samiti, who have set up a residential colony on the land declared surplus by the competent authority in the hands of late Shri Rao Rawal Rajeshwar Singh with the prayer that respondent-Jaipur Development Authority be directed to regularise possession of the members of the petitioner-society at the normal rates, instead of charging the rate applicable to the Government land. All the writ petitions were heard together and are being decided by this common judgment.
Finding of the Court:
33. In view of above discussion, while upholding orders 8/8/1991 passed by Additional Collector and order dated 20/5/1994 passed by the S.D.M. impugned in SBCWP No.3566/1999, writ petition filed by petitioner-N.E.I. Ltd. succeeds in part, other two writ petitions filed by petitioners-Smt.Roop Raj Laxmi and Surendra Pal Colony Vikas Samiti fail.
Issues: None
Ratio Decidendi: None
Final Decision: 34. There shall be no order as to costs.
A.G. Varadarajulu v. State of T.N. (1998) 4 SCC 231
Appineni Vidyasagar v. State of A.P. (2004) 11 SCC 186
Balwant Singh v. Daulat Singh (dead) by LRs (1997) 7 SCC 137
Chandradatta Shankardatta v. Sanatkumar Laxman Prasad AIR 1973 MP 169
Ram Ratan v. State of Rajasthan 1982 RLR 939
State of Maharashtra v. Narayan Rao Sham Rao Deshmukh AIR 1985 SC 716
State of Maharashtra v. Wasudeo AIR 1991 SC 978
V.N. Sarin v. Ajit Kumar Poplai AIR 1966 SC 432
Vengdasalam Pillai v. Union Territory of Pondicherry AIR 1985 SC 571
AI
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.