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2019 DIGILAW 3080 (RAJ)

Rajasthan State Mines & Minerals Limited v. District Judge, Merta, District Nagaur, Rajasthan

2019-12-18

DINESH MEHTA

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ORDER : 1. This bunch of writ petitions has been filed, challenging various orders passed by the Executing Court on different occasions. 2. During pendency of these writ petitions, by way of the order dated 18.07.2019, this Court has directed the Executing Court to determine exact amount payable to the land-looser. The said order dated 18.07.2019 reads thus : “These writ petitions arise out of the orders passed by the Executing Court, vide which the objections to the execution proceedings filed by the parties have been decided. After hearing learned counsel for the parties, this Court is of the opinion that instead of deciding these writ petitions in abstract, it would be appropriate, if the Executing Court is directed to calculate the respondents’ entitlement/amount payable. For the said purpose, the Executing Court shall take into account all the relevant facts, viz. award of the Land Acquisition Officer, order of Reference Court and so also the order of this Court. Both the parties shall place their calculations; amount wise and heading-wise (including provisions of the Act), before the Court below within a period of 15 days from today, while giving copy to opposite party. The Executing Court shall thereafter determine the exact amount payable to the land-looser, while also keeping into consideration, the relevant law cited by the rival parties. Till the Executing Court determines the final amount in terms of the order instant, no coercive action for enforcing recovery shall be taken. Above exercise be done, preferably within a period of three months from today. List these matters on 04.11.2019.” 3. Pursuant to the directions so issued by this Court, the Executing Court has passed an order dated 26.09.2019. 4. Upon perusal of the record, this Court finds that various pleadings and grounds raised in the petitions, while laying challenge to different orders have lost their significance in wake of the above referred order of the Executing Court. 5. With a view to resolve the dispute finally, it would be appropriate that the petitioners be directed to challenge the order dated 26.09.2019 with concise and precise grounds available to it. Most of the pleadings in the present case and grounds raised herein have been appropriately dealt with by the Executing Court. 6. 5. With a view to resolve the dispute finally, it would be appropriate that the petitioners be directed to challenge the order dated 26.09.2019 with concise and precise grounds available to it. Most of the pleadings in the present case and grounds raised herein have been appropriately dealt with by the Executing Court. 6. In view of the aforesaid, this bunch of writ petitions is disposed of with liberty to the petitioners to lay challenge to the order dated 26.09.2019, passed by the Executing Court in accordance with law. 7. Needless to observe that the petitioners shall be free to raise all permissible grounds to challenge the order dated 26.09.2019, while filing fresh writ petitions. 8. The order dated 26.09.2019 might as well has given cause of action to the respondents to lay challenge to it. 9. Since the petitioner is being given liberty to challenge such order, this Court deems to appropriate to provide opportunity to the respondents also to challenge the order dated 26.09.2019, on all permissible grounds. 10. With these observations, these writ petitions are disposed of. The stay application are also disposed of.