S.B. CIVIL WRIT PETITION NO.2437/2001 (Padam Singh Duggar vs. State of Rajasthan & Ors.) Date :: 22.05.2007 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.J.P. Joshi, for the petitioner. Mr.Tribhuvan Gupta, for the respondents. By way of filing this petition, the petitioner is seeking direction to the UIT, Udaipur for deciding his application under Section 90-B of the Rajasthan Land Revenue Act. It is submitted by learned counsel for the petitioner that in a similar case, this Court has passed an order in S.B.Civil Writ Petition No.2766/2001 decided on 15th February, 2007 which reads as under :- “Mr.Gupta informs that by the judgment of Hon'ble the Supreme Court in U.I.T. Udaipur Vs. Bheru Lal reported in AIR 2002 SC 3309 the acquisition proceedings in question have been upheld. In that view of the matter, learned counsel for the petitioner only submits that his application under Section 90-B of the Land Revenue Act still survives, and the U.I.T. may be directed to decide the same on merits. Heard. Learned counsel for the respondent submits that application under Section 90-B is still pending. Respondent will consider the application under Section 90-B of the petitioner on merits within one month and until the application under Section 90-B is decided the status quo shall be maintained. If grievance of the petitioner remains after decision of the application under Section 90-B he will have liberty to avail such appropriate remedy in appropriate forum in accordance with law.” Learned counsel for UIT does not dispute that such order was passed by this Court but submits that in this case the possession of the land in question has already been taken. Counsel for the petitioner refute and submit that this submission is not correct. Petitioner is still in possession of the land in question. In this view of the matter, following the decision given in S.B. Civil Writ Petition NO.2766/2001 (Jamna Lal vs. State & Ors.) dated 15th February, 2007, the respondents are directed to consider the application filed by the petitioner under Section 90-B on merits within a period of one month and till decision of the application under Section 90-B, the status quo as exists today shall be maintained. If grievance of the petitioner remains after decision of the application under Section 90-B he will have liberty to avail such appropriate remedy in appropriate forum in accordance with law. The writ petition thus stands disposed of. (GOPAL KRISHAN VYAS), J. A.K. Chouhan/-