// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.9066/2002 Pooran Dei @ Poonya W/o late Shri Hari Singh & Others Versus State of Rajasthan and Others Date of Order ::: 30.04.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Tanveer Ahmed, Advocate, for Shri Bhanwar Bagri, Counsel for petitioners #### By the Court:- Heard learned counsel for the petitioners. The petitioners have preferred this writ petition with a prayer that the respondents may be directed to deacquire the land bearing Khasra No.287, belonging to the petitioners, from the acquisition proceedings. The learned counsel for the petitioners does not dispute that the acquisition proceedings are complete and compensation in the matter has been awarded. However, he submits that the amount of compensation has not been paid to the petitioners. A notice to show-cause was given to the respondents and, in pursuance thereof, a reply to the writ petition, on behalf of the respondent No.3, has been filed and, in Para 6(B) of the reply, it is stated that a sum of Rs.7,67,711/- was awarded as compensation to the concerned khatedar as per the award. The entire amount of compensation has been received by other khatedars. So far as the petitioners are concerned, they have not // 2 // received the amount of compensation deliberately and, on failure to encash the Cheques, the respondent No.3 - the Rajasthan State Industrial Development and Investment Corporation has issued another Cheque No.440418 dated 27th September, 2004 and the same is lying with the Land Acquisition Officer. The learned counsel for the petitioners submits that he is not aware as to whether the petitioners have received the aforesaid Cheque and the same has been encashed, or not. No arguments have been advanced on behalf of the petitioners on the ground as to how the land, which has already been acquired, should be deacquired. So far as receipt of amount of compensation is concerned, it is observed that the petitioners will be at liberty to receive the amount of compensation as per the award in case the same has not been received so far and the respondents will make the payment of compensation to the petitioners if the same has not been paid to them till now. With the aforesaid observations and liberty, the writ petition is dismissed. (Narendra Kumar Jain) J. //Jaiman// // 3 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Misc. Stay Application No.8227/2002 In S.B. Civil Writ Petition No.9066/2002 Pooran Dei @ Poonya W/o late Shri Hari Singh & Others Versus State of Rajasthan and Others Date of Order ::: 30.04.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Tanveer Ahmed, Advocate, for Shri Bhanwar Bagri, Counsel for petitioners #### By the Court:- Consequent upon dismissal of the writ petition itself, the stay application, filed therewith, does not survive and the same is also dismissed. (Narendra Kumar Jain) J. //Jaiman//