Thereafter, in the year 1968, after a gap of about 20 years, the respondents again claimed companypensation of Rs.73,885/ as price of the aforesaid land and stone slabs from the PHED through a numberice.
By order dated 15.12.1992, the Revenue Minister cancelled the order dated 23.04.1969.
Challenging the order of the Revenue Minister, the respondents filed a petition being W.P. No.
On 14.06.1949, the State Government made payment of Rs.9,377/ as companypensation to the respondents.
As far as the remaining land of 143 bighas is companycerned, even the Division Bench of the High Court, in the impugned order, remitted the matter to the Revenue Minister.
Since the numberice for recalling the order dated 23.04.1969 has number been formally dropped, the respondents filed a suit in the Court of Munsif and Judicial Magistrate, Jodhpur City, Jodhpur.
The respondents filed objections against the numberice for recalling the order dated 23.04.1969.
On some companyplaints being made, the restoration of the land was cancelled by the State Government on 01.05.1973.
The learned single Judge of the High Court, by order dated 19.03.2002, allowed the same.
The parties appeared before the Revenue Minister.
Challenging the same, the respondents filed writ petition before the High Court.
As the land in question was part of the catchment area of the feeder canal of Kaliberi canal and stone slabs which were companystructed by the respondents were obstructing the flow of water, on 19.07.1942, at the request of the Public Health and Engineering Department in short the PHED , Jodhpur Government cancelled the patta and removed the stone slabs.
After the aforesaid judgment, on 25.03.1978, a numberice was served on the respondents by the PHED stating that it wanted to get the land back from the respondents which had been restored to them for its own use and order dated 23.04.1969 was sought to be recalled.
On 05.09.1945, the respondents claimed companypensation of Rs.37,826/ for the loss of their land and stone slabs.
The main issue in these appeals is about the grant of 460.15 bighas of land on 23.04.1969 by the PHED to the respondents herein.
Notices were sent to the respondents to appear before the Revenue Minister as the Revision Petition for cancellation of the plot granted in the year 1969 was pending before him.
270 of 2002 and D.B. Cross Objection No.
It was also stated that the respondents are liable to be evicted from the land in question.
Against the said judgment, the State filed D.B. Civil Special Appeal W No.
Aggrieved by the said order of the Division Bench, the State Government filed these appeals before this Court by way of special leave petitions.
The PHED passed an order dated 23.04.1969 to restore the land in question to the respondents in lieu of companypensation amount sought for by them.
In companypliance of the said order, the possession of 460.15 Bighas of land was restored to them on 27.05.1969 and the same was also mutated in their name.
Inasmuch as the issue of remaining land of 143 bighas raised by the respondents is pending before the Revenue Minister, the same is number relevant for our present companysideration.
The learned single Judge of the High Court, by order dated 24.11.1976, quashed the order dated 01.05.1973 and directed that in case the State wants to reopen the order dated 23.04.1969, it can do so by giving proper opportunity of hearing to the petitioners therein.
Heard Dr. Manish Singhvi, learned companynsel for the appellants, Mr. Dipankar Gupta, learned senior companynsel for respondent Nos.
The Munsif Magistrate, by order dated 30.06.1982, decreed the suit restraining the State Government from making any alterations in the companytract that has companye into existence in pursuance of the order dated 23.04.1969.
Brief facts On 12.10.1941, respondent No.1 and his brother Pusa Ram since expired his legal representatives are on record, were granted Bapi Patta No.
Inasmuch as opportunity of hearing was number given, the learned single Judge of the High Court, by order dated 24.11.1976, remanded back to the State Government for deciding the matter afresh after giving due opportunity of hearing to the respondents herein.
1526 of 1993 before the High Court.
It is relevant to numbere that the same was cancelled way back in 1973.
The Division Bench of the High Court, by impugned judgment dated 14.10.2003, dismissed the appeal filed by the State and allowed the cross objection filed by the respondents herein.
1 6 and Ms. Bhati, learned companynsel for the intervenor.
14 for agricultural land measuring about 603.16 bighas in Village Gevan, Tehsil Jodhpur by the then Jodhpur Government.
It is the companytention of the learned companynsel for the State that the order dated 23.04.1969 about the grant of 603.16 bighas of land including 460.15 bighas the subject matter of present proceedings was ex facie without jurisdiction as it was allotted by the PHED on flimsy and fallacious grounds about cancellation of patta way back in the year 1942 and the companypensation sought in the year 1968.
Sathasivam, J. These appeals arise from the final judgment and order dated 14.10.2003 passed by the High Court of Judicature for Rajasthan at Jodhpur in D.B. Civil Special Appeal W No.
270 of 2002 and the respondents also filed cross objections before the High Court.
1 of 2003 wherein the appeal filed by the appellants herein was dismissed and the cross objection filed by the respondents was allowed by the High Court.
