M.P. Singh, J. - (1.) The impugned notifications under Sections 4 and 6 of the Rajasthan Land Acquisition Act, 1953 were published in the Rajasthan Gazette on 9th June, 1960 and 11th May, 1961, respectively. The award under the Act was made on 9.1.1964. The validity of these notifications had been challenged in this Court in writ No. 1487/62 but they have been held to be valid. The matter was taken to the Supreme Court in Special Leave Petition by Indrapuri Grah Nirman Sahakari Samiti Limited. It was dismissed on 17.9.1974. The judgment is reported in 1975(4) SCC 296, Indrapuri Grah Nirman Sahakari Samiti Limited v. State of Rajasthan .
(2.) In spite of the fact that the said acquisition proceedings have been held to be valid even by the Supreme Court, this petition has been filed challenging the same notifications. In our considered opinion, this is nothing but an abuse of the process of law which should be discouraged by awarding an exemplary cost.
(3.) The acquired land measuring one bigha and three biswas situate in village Bhojpura, Tehsil and District-Jaipur, was recorded as Khatedari tenancy of Prahlad Krishna Tikkiwal. He died in the year 1962 leaving behind his son Harish Chandra Tikkiwal. The petitioner purchased the said land from him on 26th November, 1970 for a sum of- Rs. 50,000/-, knowing fully well that the land has already been acquired by the Government in 1960 and the award has also been made on 9.1.1964. We need not refer to the series of litigation with regard to this land which started by filing a writ petition No. 1487/62 in this Court, challenging the validity of the notifications under Sections 4 and 6 of the Act. The writ petition was dismissed on 28.9.1973 and ultimately the Supreme Court dismissed the Special Leave Petition on 17.9.1974. Both the notifications have been held to be valid.;