SBCWP NO.1548/2006. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.1548/2006. Debu Nath Vs. State and ors. Date of order :- 29/1/2008. HON'BLE MR.JUSTICE M.N. BHANDARI Shri D.S. Jadoun on behalf of Shri A.K. Pareek for the petitioner. Shri Amit Bhardwaj for the respondents. **** The petitioner has preferred this writ petition with the prayer that acquisition proceedings relating to Khasra No.1371 to 1373 may be set-aside. Counsel for the petitioner submits that Khasra No.1371 was shown to be in the khatedari of the petitioner but actually there is a Graveyard therein and thus it cannot be acquired by the respondents. It was therefore prayed that acquisition of aforesaid khasras is not legally tenable. So far as the learned counsel for the respondents is concerned, it has been submitted that there is no Graveyard and otherwise Khasra No.1371 is concerned, it is shown to have been in the khatedari of the petitioner and even the nature of such land is also indicated in the Jamabandi thus, it is incorrect to state that land of Khasra No.1371 belongs to Graveyard. Learned counsel for the respondents further submits that if petitioner was having any objection in regard to acquisition, he could have submitted necessary objection under Section 5A of the Land Acquisition Act, 1894 but at no point of time, petitioner ever raised any objection in SBCWP NO.1548/2006. 2 that regard and otherwise, perusal of the relief clause of the writ petition clearly shows that petitioner has sought relief for himself showing Khasra Nos.1371 to 1373 to be belonging to him thus, it was prayed that writ petition may be dismissed. Learned counsel for the petitioner submits that in view of Annexure-2 issued by the Panchayat, land of Khasra Nos.1371 to 1373 though belongs to the petitioner but Khasra No.1371 is marked as Graveyard. I have considered the submissions of the learned counsel for the parties and perused the record. So far as the plea of the petitioner is concerned that Khasra No.1371 is a Graveyard hence, it cannot be acquired, placed documents in that regard the Jamabandi however, Jamabandi does not show that land of Khasra No.1371 belongs to Graveyard rather, it exists in favour of the petitioners and precisely for this reason that the following prayer has been made in the writ petition which is reproduced hereunder:- “It is, therefore, humbly prayed that your lordships may graciously be pleased to accept and allow the humble writ petition of the petitioner and by an appropriate writ, order or directions be pleased to direct quash and set aide the acquisition proceedings in much as it relates with the land bearing Khasra No.1371 to 1373, village Palsana, district Sikar, belonging to the petitioner.” Perusal of the prayer shows that petitioner sought relief regarding Khasra Nos.1371 to 1373as it belongs to him. In view of above fact, factually the prayer made by the petitioner cannot be accepted which is contrary to the document and his own prayer. It is SBCWP NO.1548/2006. 3 otherwise a fact that if at all the petitioner had any grievance regarding proceedings of acquisition, petitioner ought to have raised objections at the relevant time however, now at this stage, when not only the award has been passed but even compensation awarded therein has also been deposited in favour of the petitioner, the plea raised by the petitioner cannot be accepted and otherwise same is based on factual aspects and if document Annexure-1 is looked into then it becomes clear that the very argument raised by the petitioner is not correct as Khasra Nos.1371 to 1373 exits in the name of the petitioner. In view of above, the writ petition is dismissed. (M.N. BHANDARI), J. anil