1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH AT JAIPUR ORDER S.B.Civil Writ Petition No.1827/2005 Vijay Kumar Agarwal Vs. State of Rajasthan & Ors. Date of Order :- 08.04.2009 HON'BLE MR.JUSTICE R.S.CHAUHAN Mr.A.N. Sharma, for the petitioner. Mr.R.B. Mathur } Mr.R.K. Mathur }, for the respondents. The petitioner has made the following prayers before this Court : (i) The Rajasthan State Industrial Development and Investment Corporation Ltd. be directed to pay compensation to the cultivators along with other benefits within a time bound programme so as to mitigate the problem of the petitioner; (ii) The Urban Improvement Trust, Bhiwadi (Alwar) may kindly be directed to allot an alternate plot to the petitioner in the land which is going to be auctioned on 17.03.2005 and till the problem of the petitioner is solved, the auction, if any may be ordered to be suspended; (iii) Any other order or direction, which this Hon'ble Court may deem just, appropriate and expedient in the facts and circumstances of the case may kindly be passed in favour of the petitioner. 2 It is the case of the petitioner that Plot No.C-7 was sold to him by the UIT Alwar in 1996 and the possession was given to him. However, whenever he tried to raise a construction on the said plot, the original Khatedars of the land obstructed his construction. Therefore, he has not been able to raise any construction since 1996. Further, it is his contention that since RIICO has not paid the compensation to the original Khatedars, they are obstructing the construction. However, now he concedes that the said compensation has been paid to the Khatedars by RIICO. According to the additional Affidavit filed by Mr. Bhim Singh Rathore, the Assistant Engineer, UIT Bhiwadi, the petitioner is the sole owner of the said plot and the plot is lying vacant. Moreover, the UIT has already raised construction for residential accommodation for its employees on Plot No.C-08, adjoining to Plot No.C- 7. Since the controversy between the original Khatedars and the RIICO has ended, the petitioner is absolutely free to raise his 3 construction as per the plan approved by the UIT Bhiwadi. Therefore, the grievance of the petitioner no longer survives. In this circumstances, the writ petition has become infructuous. However, it is clarified that the petitioner shall be free to raise construction in accordance with plan approved by the UIT Bhiwadi. In case, any person were to obstruct his construction, the petitioner is free to take recourse to any legal remedy available to him under the law. (R.S.CHAUHAN)J. Manoj Solanki