Citation : 2021 Latest Caselaw 2361 Raj
Judgement Date : 28 January, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 3686/2017
Hari Shankar, S/o Sh Satya Narayan Ji, B/c Brahmin, Permanent Address Of Out Side Nathusar Gate, Bikaner, R/o Plot No. 133, Roop Nagar, Paota "c" Road, Jodhpur
----Petitioner Versus
1. State Of Rajasthan Through Chief Secretary To Rajasthan, Govt Secretariat, Jaipur
2. Union Of India, Through Ex. En. P.w.d. National High Way Division, Bikaner
3. The Collector, Bikaner
4. Ex En. P.w.d. National High Way Division, Bikaner.
5. A.en En. P.w.d. National High Way Division, Bikaner.
6. Urban Development Authority, Bikaner Through Its Secretary, Uit, Bikaner
7. Secretary, Urban Improvement Trust, Bikaner
8. Principal Secretary Urban Development And Housing Department, Govt Secretariat, Jaipur
9. Dy. Sec. Ii Urban Development Department, Govt.
Secretariat Jaipur
----Respondents
For Petitioner(s) : Mr. Hari Shankar, petitioner present in person For Respondent(s) : Mr. Karan Singh Rajpurohit, AAG Mr. S.S. Ladrecha
HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Judgment
28/01/2021
The instant Public Interest Litigation (Writ Petition) has been
filed with the following prayers:
(2 of 2) [CW-3686/2017]
"It is, therefore, most humbly and respectfully prayed that by appropriate writ, order or direction:-
i) that the non-petitioners be directed to remove all the encroachment and;
ii) Encroachment which are mentioned in the letter dt. 04.12.14 should be removed immediately and the encroachments made within 100 ft on the both sides of the road National High Way 89 between Goga gate Circle to Dada Badi Jain College, Bikaner as directions no (xviii) and (xix) of the Judgment passed in D.B. Civil Writ Petition No.1554/2004 Gulab Kothari Vs. State & Ors. should be complied.
iii) Officers concern should be punished for not complying with the order of the Hon'ble high Court and Hon'ble Supreme Court
iv) Cost of the petition may kindly be directed to be recovered from the non-petitioners personally."
Counsel representing the respective respondents have filed
replies/affidavits swearing therein that the encroachments in
question have already been removed. The petitioner is not
controverting these assertions made on behalf of the respondents.
In this view of the matter, this Public Interest Litigation (Writ
Petition) has served its purpose and is disposed of as such.
(DEVENDRA KACHHAWAHA),J (SANDEEP MEHTA),J
21-Sudhir Asopa/-
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