Dilip Singhandors vs State Of Raj And Ors ...
2024 Latest Caselaw 306 Raj/2

Rajasthan High Court

Dilip Singhandors vs State Of Raj And Ors ... on 17 January, 2024

Bench: Manindra Mohan Shrivastava, Shubha Mehta

  [2024:RJ-JP:2820-DB]

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

               D.B. Civil (PIL) Writ Petition No.14419/2015

   1. Dilip Singh son of Shri Mangal Singh aged about 48 years,
   Resident of Guman Singh Darwaje Ke Pass, Kishangarh District
   Ajmer. Mobile No.9214074964
   2. Sunil Son of Shri Om Prakash, aged about 38 years, resident
   of Near Thakurdas Mandir Ward No.33 (at present Ward No.35),
   Kishangarh District Ajmer
   Mobile No.9636235933
   3. Nasir Ahmed s/o Chand ji aged about 54 years, resident of
   Majhviyon Ka Mohalla Kishangarh District Ajmer. Mobile
   No.9829940461
   4. Trilok Saini son of Shri Bheru Lal aged about 40 years resident
   of Maliyon Ka Mohalla, Kishangarh District Ajmer Mobile
   No.9269037038
                                                                       ----Petitioner
                                        Versus
   1. State of Rajasthan through the Chief Secretary, Government
   of Rajasthan, Secretariat Jaipur.
   2. The Principal Secretary, Department of Revenue, Government
   of Rajasthan, Secretariat Jaipur.
   3. The Principal Secretary, Department of P.W.D., Government of
   Rajasthan, Secretariat Jaipur.
   4. The Principal Secretary, Department of Local Bodies,
   Government of Rajasthan, Secretariat, Jaipur.
   5. District Collector, Ajmer.
   6. Tehsildar, Kishangarh, District Ajmer
   7. Municipal Council, Kishangarh through its Commissioner,
   Kishangarh, District Ajmer
   8. Assistant Engineer, Public Work Department Near Bus Stand,
   Kishangarh, District Ajmer
                                                                     ----Respondent

For Petitioner(s) : Mr. Vimal Choudhary, Advocate For Respondent(s) : Mr. B.K. Sharma, Advocate

HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MRS. JUSTICE SHUBHA MEHTA

Order

17/01/2024

This PIL has been filed on the allegation that land comprised

in Khasra Nos.309 and 310 which is gair mumkin rasta has been

encroached.

[2024:RJ-JP:2820-DB] (2 of 2) [CW-14419/2015]

In the reply filed by the respondents, what is revealed is that

when the road was being constructed on Khasra No.332 and 334,

the occupants/holders of those land filed civil suit and the Civil

Court passed various orders. The issue pending therein is as to

whether road exists on Khasra Nos.309 and 310 or road is

comprised in Khasra Nos.332 and 334.

We also find that as far as official respondents are

concerned, they have placed on record certain documents which

includes spot inspection report which indicates that land

comprised in Khasra Nos.309 and 310 is recorded as gair mumkin

rasta which has been encroached.

Instead of keeping this petition pending, it is proper to

dispose off this PIL with a direction to the District Collector, Ajmer

to verify from the record and if necessary, by an inquiry of factual

nature, to ascertain the location of the gair mumkin rasta which is

said to be comprised in Khasra Nos.309 & 310. Thereafter,

appropriate action is required to be taken to ensure that

encroachment on gair mumkin rasta on those khasra numbers if is

still continuing, be removed.

However, in case, in the pending suit, any judgment or any

finding is recorded otherwise, the respondent-authority shall be

free to approach this Court for appropriate recall or modification.

The PIL is accordingly disposed off.

The security amount deposited by the petitioners shall be

refunded.

(SHUBHA MEHTA),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ

Karan/38

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