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1964 Supreme(Raj) 12

DAVE, TYAGI
Gopal Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Sumer Chand Bhandari (with Mr. Ram Vilas), for Petitioners; Raj Narain, Deputy Government Advocate, for State

DAVE, C.J.—This is a writ application under Art. 226 of the Constitution of India.

2. It is common ground between the parties that the petitioners Gopal Singh and Surat Singh are Khatedars of Kahsra Nos. 41 and 36 respectively, situated in village Radi, Tehsil Taranagar, District Churu. In 1955, Panchayat Gajoowas, which also exercised jurisdiction over village Redi, came to the conclusion that abadi area of village Redi, should be extended by acquiring some agricultural land adjoining the inhabited area in order to convert it for purposes of habitation. It., therefore, wrote to the Tehsildar, Taranagar for acquiring land for the said purpose. The matter was however dropped after about four years by order of the Collector, Churu dated 15th January, 1959. Thereafter in December, 1959, the Tehsildar, Taranagar again recommended to the Collector for acquiring the land the said purpose. The Collector, in turn, wrote to the Government and the Government issued a notification (Ex. A) dated 11th August, 1960 under sec. 4(1) of the Rajasthan Land Acquisition Act (No. 24 of 1953) (hereinafter called "the Act"). This notification was published in the Rajasthan Gazette dated 29th September, 19























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