Nemi Chand Gehlot vs State Of Rajasthan
2021 Latest Caselaw 3196 Raj

(1 of 2) [CW-226/2020]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 226/2020

1. Nemi Chand Gehlot S/o Shri Jai Ram Gehlot, Aged About 34 Years, R/o Jojari Bera Ward No. 23, Pipar City, Jodhpur.

2. Arjun Ram S/o Shri Kumbha Ram, Aged About 37 Years, R/o Ward No. 22, Pipar City, Jodhpur.

3. Aidan S/o Hapu Ram, Aged About 35 Years, R/o Jojari Bera, Nanan Road, Pipar City, Jodhpur.

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Department Of Revenue, Government Of Rajasthan, Jaipur.

2. The District Collector, Jodhpur.

3. The Executive Officer, Municipal Board, Pipar City, District Jodhpur.

4. The Sub Divisional Officer, Pipar City, District Jodhpur.

----Respondents

For Petitioner(s) : Mr. Sushil Solanki For Respondent(s) : Mr. Rajesh Parihar

HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY HON'BLE MR. JUSTICE DINESH MEHTA

Judgment

05/02/2021

(1) The present writ petition under the label of PIL has

been filed by the petitioners, alleging that certain encroachments

have been made on public road falling in Khasra No.1318, Ward

No.23 of Pipar City, Jodhpur.

(2) A reply to the writ petition has been filed by the

respondent Municipal Board, wherein apart from the preliminary

objections, it has been stated that there is no encroachment as

(2 of 2) [CW-226/2020]

claimed by the petitioners and the alleged encroachers/persons

concerned are having valid Pattas in their favour duly issued by

the competent authorities.

(3) Having heard learned counsel for the parties and upon

perusal of the record, we are of the considered view that the

constructions in question cannot be said to be encroachments in

face of valid Pattas granted in concerned persons' favour.

(4) We therefore, dismiss the writ petition, while giving liberty to

the petitioners to take appropriate remedies (if any) against grant

of such Pattas in accordance with law.

(DINESH MEHTA),J (INDRAJIT MAHANTY),CJ

162-CPGoyal/-

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