INDERJEET SINGH, J.

This writ petition has been filed by the petitioner with the following prayers:

“(i) it may kindly be declared that the acquisition proceedings of the land of the petitioner of Khasra No. 342 situated in village Daudpur, District Alwar stand lapsed with effect from 1.8.1989.

(ii) the Non-petitioners may kindly be restrained from interfering in the possession and enjoyment of the aforesaid land by the petitioner, in any way.

(iii) any other order or direction, which this Hon'ble Court may deem just and proper in the facts and circumstances, stated hereinabove, may also kindly be passed in favour of the humble petitioner.

(iv) cost of the writ petition may kindly be awarded in favour of the petitioner.”

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 8.6.1976 for compulsory acquisition of land bring Khasra No. 343 measuring 2 Bibha 11 Biswa situated at Village Daudpur, Alwar for the purpose of housing project of The 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 Section 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 Section 52(1) of the Act of 1959 the registered owner/Khatedar of the land was further given notice under Section 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 Section 52 (1) & (3) of the Act of 1959 was executed between the UIT and the registered owner/Khatedar on 28.3.1977. Thereafter, the possession of the land in dispute was taken by the State Government on 30.3.1977. The compensation for the land in dispute was also paid to the registered owner/Khatedar of the land on the same day i.e. 30.3.1977. Thus, in pursuance to the provisions of Section 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 v. 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 15.3.1999.

4. Counsel for the petitioner submitted that the petitioner had purchased the land in dispute from the original Khatedar of the land Mr. Sadhu Singh through agreement to sell dated 21.5.1969, therefore, he was person interested so far as present land acquisition proceedings are concerned. Counsel further submits that on 5.5.1976 the petitioner submitted a letter to the executive engineer UIT (Alwar) stating therein that with regard to land in dispute the Civil Suit is pending before the Civil Court. Counsel further submits that again vide letter dated 31.12.1976 the petitioner submitted a representation to the OSD Town Planning UIT (Alwar) with regard to pendency of Civil Suit between the parties for the land in dispute and further prayed for awarding of compensation in favour of the petitioner.

5. Counsel further submits that prior to acquiring the land in dispute no notice was ever given to the petitioner as the civil court has passed a decree in his favour with regard to land in dispute vide judgment and decree dated 12.7.1976 and 29.5.1981. Counsel further submits that action of giving the notice to the petitioner is vio