SBCWP NO.10563/07. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.10563/2007. Amit Kumar & Ors. Vs. State & Ors. Date of Order : 7/1/2008. PRESENT HON'BLE MR.JUSTICE M.N. BHANDARI Dr. Saugath Roy for the petitioners. **** BY THE COURT:- Heard learned counsel for the petitioners. 2) Learned counsel for the petitioners submits that at this stage, he may be permitted to withdraw this writ petition with the liberty to submit representation to the respondents pertaining to his prayer at para (d) of the prayer clause of the writ petition with further liberty to approach this Court in regard to other issues if so required. 3) It has been submitted that though the petitioners have challenged the acquisition proceedings and the notification under Section 17 of the Land Acquisition Act, 1894 however, looking to the fact that the respondents are going to disburse the amount of compensation in a haste which becomes due SBCWP NO.10563/07. 2 pursuant to the notification under Section 17 of the Act of 1894 therefore, petitioners want to submit representation to the authorities concerned. 4) The prayer made by the counsel for the petitioners is accepted. He is allowed to withdraw this writ petition with the liberty to challenge the action of the respondents in regard to the acquisition of the land if so required. The petitioners are also permitted to submit representation in regard to their prayer in para (d) of the writ petition containing all relevant facts pertaining to disbursement of amount of compensation and entitlement of compensation looking to the fact that pattas were issued by the Cooperative Societies afer purchase of the land in dispute under an agreement and subsequent recording of the names of the petitioners by the J.D.A. for consideration of the regularisation of the housing scheme and conversion of the land use for that purpose. 5) If such representation is made, it is expected from the respondents to consider and decide the same after taking note of all the relevant facts regarding their entitlement to amount of compensation and in that regard, authorities concerned may also determine as to whether any construction was taken on SBCWP NO.10563/07. 3 the land in dispute by the petitioners. While deciding the representation of the petitioners, any other aggrieved party claiming right and title, may also be called and be heard. However, till such representation to be submitted by the petitioners is decided by a speaking order, the amount of compensation should not be disbursed. It is expected from the authorities concerned to decide the representation of the petitioners after providing proper opportunity of hearing to them as well as to others who may be affected by the outcome of such hearing as expeditiously as possible. With the above observation, the writ petition is allowed to be withdrawn and same is disposed of with the observation made above and with liberty to file a fresh. (M.N. BHANDARI), J. anil