Allowed

Gopal Son of Shri Kesra v. State of Rajasthan

Rajasthan HC23 Feb 2024WMAP/61/2024

Case brief

AI extract

What is this about?

Held that a writ miscellaneous application seeking revival of a disposed off writ special appeal is allowed where the issue that had previously prevented disposal was decided by the Supreme Court in Indore Development Authority. Appeal revived for disposal on merits.

What did the court decide?

Application for revival of D.B. Special Appeal (Writ) No.308/2016 allowed; appeal revived for disposal on merits.

Gopal Son of Shri Kesra Vs State of Rajasthan — Land Acquisition | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Writ Miscellaneous Application No. 61/2024

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D.B. Special Appeal (W) No.308/2016

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Gopal Son Of Shri Kesra, Resident Of Village Muhana, Tehsil Sanganer, District Jaipur.

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Nanagram Son Of Shri Kesra, Resident Of Village Muhana, Tehsil Sanganer, District Jaipur.

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Ramsahay Son Of Shri Kesra, Resident Of Village Muhana, Tehsil Sanganer, District Jaipur.

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Lalchand Son Of Shri Kesra, Resident Of Village Muhana, Tehsil Sanganer, District Jaipur.

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----Petitioners

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Versus

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State Of Rajasthan, Through Its Principal Secretary, Urban Development And Housing Department, Secretariat, Jaipur.

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Jaipur Development Authority, Through Its Commissioner, Jawahar Lal Nehru Marg, Jaipur.

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The Land Acquisition Officer, Urban Development Scheme, Jaipur Development Authority, Jawahar Lal Nehru Marg, Jaipur.

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The Additional Commissioner (Lands), Jaipur Development Authority, Jawahar Lal Nehru Marg, Jaipur. ----Respondents

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For Petitioner(s) : Mr. Siddharth Bapna For Respondent(s) : Mr. Yuvraj Samant

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BHUWAN GOYAL

Order

23/02/2024

Heard.

[WMAP-61/2024]

(2 of 3)

This application has been filed seeking revival of the writ appeal on the submissions that earlier this appeal and other batch matters were disposed off by this Court vide order dated 17.08.2016 as one of the issues raised in the appeal was pending for consideration before Hon’ble Supreme Court. The applicants were granted liberty to file application after decision of the Apex Court.

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Learned counsel for the applicant would submit that the issue which was pending before the Hon’ble Supreme Court and for which reason, all the cases were earlier disposed off, now stands decided by the Hon’ble Supreme Court in the case of Indore Development Authority Vs. Manoharlal & Ors., (2020) 8 SCC 129 . He would submit that as one of the issues on which appeal was filed by the applicant stands decided, the appeal filed by the applicant stands decided and disposed off on merits.

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Learned counsel for the JDA does not dispute the factual submission that one of the issues which was pending in the Hon’ble Supreme Court has now been decided. Appeals were disposed off with liberty to revive on the ground that issue has not been decided by Hon’ble Supreme Court, as stated above.

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In view of the statements made by the learned counsel for the parties, we are inclined to allow the application and revive the appeal filed by the applicant in D.B. Special Appeal (Writ) No.308/2016 for disposal on merits.

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Application for revival stands allowed.

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Counsel for the appellant is directed to supply a copy of the memo of appeal to counsel for the respondent.

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[WMAP-61/2024]

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(3 of 3)

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Name of Mr.Yuvraj Samant be shown in the cause list in

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appeal as counsel for the respondent.

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(BHUWAN GOYAL),J

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(PANKAJ BHANDARI),J

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Anu/10

Gopal Son of Shri Kesra v. State of Rajasthan

Case brief

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Gopal Son of Shri Kesra v. State of Rajasthan

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