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2018 Supreme(Raj) 2113

SANJEEV PRAKASH SHARMA
Man Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. Rajesh Kapoor, Adv., for the Petitioners

JUDGMENT

Sanjeev Prakash Sharma, J. - In the proceedings taken up before the Coordinate Bench, the High Court has in S.B.Civil Writ Petition No. 10130/2014, the Court has passed following order:

    "The reply to the writ petition has been filed today and is taken on record.

    With consent of the parties, writ petition has been heard finally.

    By this writ petition, a challenge is made to the resolution dated 17th June, 2014, taken by the Rajasthan Housing Board.

    It is a case where a land was acquired under the Land Acquisition Act, 1894 (for short "the Act of 1894"). An award was passed where compensation was ordered to be given to one party, as alleged by learned counsel for petitioner. A revenue suit for partition of the land was thus preferred by the petitioner to get compensation of 1/9 share in the land, so acquired. The Rajasthan Housing Board was made party to it but suit qua them was dismissed as issue of apportionment of compensation cannot be determined in the suit for partition.

    The petitioner then invoked provisions of Section 30 of the Act of 1894 and maintained a reference. The issue of apportionment of land to the extent of claim of the petitioner would be determined therei

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