- (1.) This is an intra court appeal filed by the writ petitioner of Writ petition No. 3707 of 2008 under Rule 134 of the Rajasthan High Court Rules against the order dt.02.07.2008 passed by single judge in the aforesaid writ petition.
(2.) This is what the learned single judge observed while dismissing the writ petition of the appellant: "By the instant writ petition, the petitioners have challenged the order Annex.8 dated 15.3.2005 passed by Land Acquisition Officer respondent No.2. I have heard learned counsel for the petitioners and perused the order impugned. The controversy raised with regard to the water Tank/reservoir in respect of the land which has been acquired in acquisition proceedings of which the possession was taken over after having been acquired under the provisions of Land Acquisition Act, the Land Acquisition Officer did not find any evidence of there being a water Tank/reservoir having been constructed in the land, of which, on acquisition, the possession was taken over and therefore, dismissed the application. In my view, there is finding of fact recorded by respondent No.2 calling for no interference invoking extra-ordinary writ jurisdiction and therefore, the writ petition is dismissed. No order as to costs."
(3.) Facts of the case are these.;