CW 4836/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.4836/2008 Ramjilal & Ors. Versus State & Ors. Date of Order ::: 10/04/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Bharat Singh & Mr. Santosh Sharma, for petitioners Dr. PC Jain, for respondent-Housing Board At request, instant petition was finally heard while considering application dt. 26/03/09 U/Art.226(3) of Constitution seeking vacation of interim order dt.19/05/08 whereby this Court directed to maintain status quo with regard to the land in question. Instant petition has been filed with the grievance that respondents are illegally dispossessing petitioners from their property where they are presently residing without any authority under law. Reply has been filed by respondents, alongwith which documents have been placed on record to show that acquisition proceedings initiated for the land alleged to be disputed, of which they were khatedars, have attained finality and possession over the acquired land in dispute measuring 13 bighas 3 biswas was also taken way back in the year 1996 after having been signed by all the three petitioners on the document of CW 4836/08 //2// possession prepared at the site and that apart, in lieu of acquisition, they have already accepted amount of compensation. Counsel for petitioners submits that proceedings under Land Acquisition Act were initiated for 13 bighas 3 biswas of land but compensation was paid only for 13 bighas and against three biswas of land, assurance was extended to them that they would be provided developed land in lieu of acquisition. However, there is no such material on record by which the so-called assurance being given by respondents, could at all be inferred, while contrarily, it has been disputed by averring in the reply that for whole of land measuring 13 bighas & 3 biswas, compensation was paid and possession was taken way back in the year 1996 and what is being pleaded by petitioners is totally misconceived. Once petitioners have accepted compensation in lieu of acquisition of their land measuring 13 bighas 3 biswas way back in 1996 – document to this effect has been placed on record which remained un- controverted, in the opinion of this Court, petition at a belated stage was misconceived and not maintainable. Consequently, writ petition fails and is CW 4836/08 //3// hereby dismissed. Accordingly, application dt. 10/12/08 seeking vacation of interim order stands allowed and interim order dt.19/05/08 stands vacated. No order as to costs. (Ajay Rastogi), J. K.Khatrip.3/4836CW08Apr10.doc