Dr. Vineet Kothari, J.—This writ petition has been filed by the legal representatives Smt. Chandra Devi and others of Shri Inder Singh Bhati, who was son of Keshav Dev Bhati, whose land in question was acquired by the State Government for Urban Improvement Trust, Jodhpur under the provisions of Section 52 of the Urban Improvement Trust Act, 1961 by the Notification under Sec. 52(1) of the Act dt. 03.06.1974. The said land in question is situated at right side of Circuit House to Ratanada Road of Jodhpur and the said land was acquired for the purpose of ‘Residential-cum-Shopping Scheme in between road from Ratanada Crossing to Circuit House and Police Line’.

2. The notice to petitioner in this regard under Sec. 52 (2) of the Act vide Annexure 3 dt. 28.06.1973 shows that the land of the petitioner measured 3533 sq. yards and is earmarked as plot No.G-1 in the survey plan produced by the petitioner as Annexure 2 with the writ petition. The said land is said to have been purchased by the petitioners from the erstwhile Ruler of Jodhpur Maharaja Gaj Singhji by a registered sale deed on 13.10.1971. Vide Annex.6 Notification dt. 26.01.1974 issued by the State Government, the State Government sanctioned the aforesaid scheme and it was stated in the said Notification that the Scheme in question shall be completed within three years from the said Notification dt. 26.01.1974. It also appears from the record that the petitioner had earlier challenged these acquisition proceedings including the aforesaid notice dt. 28.06.1973 and Notification dt. 03.06.1974 under Secs. 52(1) and 52 (2) of the UIT Act before this Court by way of S.B. Civil Writ Petition No.3346/1974 which was however, withdrawn by the petitioner on 26.10.1977. The petitioner has also produced a resolution No.12 dt. 22.01.1980 as Annexure 9 with the writ petition wherein it is stated that in accordance with the resolution No.28 dt. 18.09.1979 passed by the UIT in the case of one Shri Balveer Singh and others in terms of said decision the land of the present petitioner also be excluded from the said scheme. The said copy of the resolution No.12 dt. 22.01.1980 Annex.9 in respect of plot No.G-1 is the copy of resolution purportedly signed by the Chairman of the UIT, Jodhpur and certified copy was issued by the Secretary of UIT, Jodhpur on 14.02.1980.

3. The aforesaid person Shri Balveer Singh and 11 other petitioners whose land was also acquired by the same Notification dt. 03.06.1974 also filed a civil writ petition challenging the said Notification before this Court, which writ petition No.13/75 came to be allowed by learned Single Judge (Hon’ble Mr. Justice M.C. Jain) of this Court on 30.04.1981. The judgment of learned Single Judge in Balveer Singh and Ors. vs. State of Rajasthan and Ors., is reported in 1981 ILR (1981) 31. The learned Single Judge held that mandatory conditions of Section 52(2) were not complied by the respondents and, therefore, the said Notification dt. 03.06.1974 Annex.18 of that writ petition was quashed by the learned Single Judge. The State filed an appeal against the said judgment of learned Single Judge which too came to be dismissed by the Division Bench of this Court on 22.08.1983. The said Division Bench judgment in UIT & etc. vs. Balveer Singh and Ors., is reported in AIR 1985 Raj. 71. The matter was carried further by the State of Rajasthan to the Hon’ble Supreme Court where the said civil appeal Nos.4976-77 of 1984 came to be disposed by the Division Bench of this Hon’ble Supreme Court on 11.03.1987 by a short order which is being reproduced hereunder for ready reference:-

“We think that while the judgment of the High Court in so far as and to the limited extent the impugned Notification dt. 03.06.1974 (Rajasthan Gazette October 10, 1974) has been struck down in regard to the lands belonging to respondents 1 to 12 has to be sustained we do not think that the rest of the judgment can be sustained. We wish to clarify that the impugned notification

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