Dismissed

Radhey Shyam Gupta v. State of Raj and Ors.

Rajasthan HC15 Nov 2022CFA/149/2009

Case brief

AI extract

What is this about?

The High Court allowed the dismissal of the first appeal under Section 96 CPC as withdrawn by the appellants. They sought liberty to pursue the remedy for compensation in a writ petition where it was earlier held they are entitled to compensation. The impugned order dismissing the suit property claim was not considered on merits.

What did the court decide?

First appeal allowed to be dismissed as withdrawn with liberty to pursue remedy for compensation in respect of the suit property.

Radhey Shyam Gupta Vs State of Raj and Ors. — Land Acquisition | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil First Appeal No. 149/2009

¶3

Radhey Shyam Gupta S/o Shri Bhura Mal Resident of Arya Samaj Road, Bharatpur, (deceased) through LRs.:

¶4

1/1. Rajendra Kumar Gupta 1/2. Ajay Kumar Gupta

¶5

Both sons of late Sh. Rahdhey Shyam, resident of Arya Samaj Road, Bharatpur

¶6

----Appellants/Plaintiff

¶7

Versus

¶8

State Of Rajasthan through Secretary (Administration), Agriculture Department, Government of Rajasthan, Jaipur

¶9

District Collector, Bharatpur

¶10

Krashi Upaj Mandi Samiti, Bharatpur through Secretary, Krashi Upaj Mandi Samiti, Bharatpur

¶11

Land Acquisition Officer (S.D.O.), Bharatpur

¶12

----Respondents/Defendants

¶13

For Appellant(s) : Mr. Bipin Gupta For Respondent(s) : Ms. Neetu Singh for Ms. Manju Joshi

¶14

HON'BLE MR. JUSTICE SUDESH BANSAL

¶15

Order

¶16

15/11/2022

¶17

Appellants-plaintiff has filed this first appeal under Section 96 of CPC against the judgment and decree dated 10.11.2008 passed in Civil Suit No.72/05 by the Court of Additional District Judge Fast Track No.2, Bharatpur, whereby and whereunder civil suit claiming rights of declaration and injunction over the suit property has been dismissed with observation that the suit property has already been acquired.

¶18

Counsel for appellants-plaintiff has moved an application (I.A.No.01/2022) under Order 23 Rule 1 CPC that in Writ Petition

¶19

(2 of 2) [CFA-149/2009]

¶20

No.3614/1989 titled Radhey Shyam Vs. State decided by the Rajasthan High Court vide judgment dated 04.09.1996, it has already been held that the petitioner is entitled for compensation. Therefore, appellants want to withdraw this first appeal with liberty to pursue his remedy for compensation in respect of the suit property.

¶21

In view of above and without considering any opinion on merits, the first appeal is allowed to be dismissed as withdrawn with the liberty as prayed for.

¶22

Accordingly, application (I.A.No.01/2022) stands disposed of.

¶23

All pending application(s), if any, also stand(s) disposed of.

¶24

(SUDESH BANSAL),J

¶25

Sachin /90

Radhey Shyam Gupta v. State of Raj and Ors.

Case brief

What is this about?

What did the court decide?

Radhey Shyam Gupta v. State of Raj and Ors.

Case brief

What is this about?

What did the court decide?

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