1. - Instant petition has been filed by Khatedar & seller of his half share (24 bighas & 8 biswa) in agricultural land bearing Khasra Nos.201 & 202 measuring total 48 bighas 16 biswa situated in village Khatipura Beed, Tehsil/District Jaipur, seeking mandamus against respondent No.3 (Land Acquisition Officer, JDA) to refer the dispute to Civil Court arising out of Award dated 26/06/89 (Ann.1).

2. Notification Under section 52(2) of Rajasthan Urban Improvement Act, 1959 ("UI Act") was issued and published in official gazette dated 10/10/79 intending to acquire agricultural land situated in village Khatipura Beed including land alleged to be share of petitioner in Khasra NO.201 & 202 measuring 24 bighas 8 biswa. It was followed by notification dated 20/04/84 Under section 52(1) declaring the acquired land being needed for public purposes; and being vested in State Government. Thereafter notice dated 21/04/87 (Ann.R.5/3) Under Section 9 & 10 of the Land Acquisition Act, 1984 ("LA Act") was issued to Khatedar (petitioner) by respondent-3 (LAO) for submitting claim for determination of compensation; and after considering respective claims and objections filed by "persons interested", Award dated 26/06/89 (Ann.1) was passed putting condition that payment of compensation would be made only after production of title over the acquired land in dispute. Petitioner alongwith Hathroi Girh Nirman Sahkari Samiti filed CWP-2434/92 before this Court assailing Award dated 26/06/89 (Ann.1) and prayed for inter-alia ad infra:

(i) The impugned orders dated 26/02/89 may kindly be quashed and it may kindly be declared that whole of the acquisition proceedings of petitioner's land based on aforesaid notification have lapsed under the provisions of section 1-A of the Land Acquisition Act, 1984;

(ii) the non-petitioners may kindly be directed to regularise the aforesaid scheme of the petitioners society in accordance with law; or alternatively, the scheme of petitioner society may kindly be regularised in accordance with provisions of the order dated 31/01/1990 and if at all necessary by de-acquiring the aforesaid land."
In CWP-2434/92, it had been pleaded by petitioner in para 2 that the housing society approached the petitioner for purchase of land for its purpose and after negotiations, an agreement was entered into between the society & petitioner-khatedar of land in dispute on 11/05/80, whereby it was agreed to sell the land bearing Khasra NO.201 & 202 measuring 24 bighas 8 biswas situated in village Khatipura beed (Jaipur) for a consideration of Rs. 75,000/- per bigha and possession whereof was also handed over to the housing society.

3. It was also pleaded in para 13 of CWP- 2434/92 inter-alia that petitioner Society after taking possession of the land chalked out plan of housing scheme dividing it into 347 plots; and allotted the plots to its members who accordingly are in possession whereof. CWP- 2434/92 came to be dismissed on 27/08/97 for want of prosecution.

4. Thereafter petitioner filed another CWP-81/97, inter-alia pleading therein that he was in possession of some part of land of Khasra NO.201 & 202 but respondents State & JDA were intending to dispossess him from the land and inter-alia prayed ad infra:

"(i) to issue an appropriate writ, order, or direction in the nature thereof, and thereby direct the respondents to not to interfere in possession of the petitioner over the land bearing khasra NO. 201 & 202 measuring 48 bighas & 17 biswas situated in village Khatipura, Tehsil & district Jaipur;

(ii) to issue any other appropriate writ, order or direction which the Hon'ble Court deems just and proper may also be passed in favour of the petitioner and costs be also awarded."
CWP-81/97 was dismissed on merits with costs of Rs.5,000/- by this Court vide order dated 31/03/97.

5. Instant petition has been filed with the grievance that the LAO be directed to refer the matter to the Civil Court with regard to adjudicate title of the land in que