Leeladhar vs District Collector
2021 Latest Caselaw 16 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9266/2020

1. Leeladhar S/o Shri Lalu Ram Beniwal, Aged About 65 Years, Resident Of Village Khachwana, Tehsil Bhadra, District Hanumangarh.

2. Bhagat Ram S/o Shri Lalu Ram Beniwal, Aged About 47 Years, Resident Of Village Khachwana, Tehsil Bhadra, District Hanumangarh.

----Petitioners Versus

1. District Collector, Hanumangarh.

2. Sub Divisional Officer, Bhadra, District Hanumangarh.

3. Tehsildar (Revenue), Bhadra, District Hanumangarh.

4. Block Development Officer, Panchayat Samiti Bhadra, Tehsil Bhadra, District Hanumangarh.

5. Sarpanch, Gram Panchayat Khachwana, Tehsil Bhadra, District Hanumangarh.

6. Village Development Officer (Village Secretary), Gram Panchayat Khachwana, Tehsil Bhadra, District Hanumangarh.

                                                                     ----Respondents


For Petitioner(s)           :     Mr. Rakesh Matoria (through VC)
For Respondent(s)           :

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

04/01/2021

This writ petition has been filed by the petitioners seeking

following prayers:-

It is therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction :

                                                                               (2 of 2)               [CW-9266/2020]

                                             (i)     the respondents may kindly be directed to

constitute a committee of independent persons for removal of the encroachment from the public road (firni) of village Khachwana, Tehsil Bhadra, District Hanumangarh.

(ii) the respondents may kindly be directed to remove the encroachment from the public road (firni) of village Khachwana, Tehsil Bhadra, District Hanumangarh forthwith.

(iii) the respondents may kindly be directed to submit the report before this Hon'ble Court after removing the encroachment.

(iv) Any other appropriate writ, order or direction which this Hon'ble Court deems just and proper may kindly be passed in favour of the petitioner.

From the perusal of the writ petition and the Annex.-4

annexed with this petition, it is apparent that the Gram Panchayat

Khachwana, Tehsil Bhadra, District Hanumangarh, has already

issued notices to the alleged encroachers for removing of their

encroachments.

In such circumstances, when the local body is already taking

action against the alleged encroachers, I do not find any case for

issuing any directions as prayed for in this writ petition.

Hence, this writ petition is dismissed.

Stay petition also stands dismissed.

(VIJAY BISHNOI),J

Surabhii/24-

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