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Lrs Of Late Sh. Takhat Singh Kothari vs State Of Rajasthan on 7 March, 2026

Judgment

Date of conclusion of arguments : 16th February, 2026

Date on which judgment was reserved : 16th February, 2026

Whether the full judgment or only

the operative part is pronounced : Full judgment

Date of pronouncement : 7th March, 2026

(Per Hon’ble the Acting Chief Justice)

1. The present special appeal assails the judgment passed by

the learned Single Judge dated 12.07.2025, whereby the writ

petition was dismissed and the prayers made by the appellant-writ

(Uploaded on 10/03/2026 at 11:34:14 AM)

[2026:RJ-JD:8657-DB] (2 of 10) [SAW-1452/2025]

petitioner were rejected. The learned Single Judge has relied upon

the judgment passed by the Constitution Bench of the Hon’ble

Supreme Court in “Indore Development Authority vs. Manoharlal

& Ors.”1, holding that the plea of lapsing of the acquisition

proceedings does not stand. Learned counsel for the appellant

has, however, submitted that it is an erroneous interpretation

taken by the learned Single Judge of the judgment passed in

Indore Development Authority (Supra) and infact as per the

judgment, the acquisition would lapse. It is stated that an award

was passed for acquiring the land in-question on 16.01.2002 and

the compensation amount was deposited in the Court on

24.03.2007 and paper possession was taken of the property,

actual possession was never taken and the appellant continue to

remain in possession of the property.



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