Mangi Lal Joshi vs State Of Rajasthan ...
2026 Latest Caselaw 4326 Raj

Rajasthan High Court - Jodhpur

Mangi Lal Joshi vs State Of Rajasthan ... on 23 March, 2026

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2026:RJ-JD:13583-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                  D.B. Civil Writ Petition No. 8407/2023

Mangi Lal Joshi S/o Khemraj Joshi, Aged About 73 Years,
Kalimata Road Ganesh Nagar, Pahada, Shastri Circle, Udaipur
(Raj.).
                                                                       ----Petitioner
                                       Versus
1.        State   Of    Rajasthan,         Through        Secretary,     Local   Self
          Department, Secretariat, Rajasthan, Jaipur.
2.        The District Collector, Udaipur.
3.        The     Municipal       Corporation           Udaipur,      Through     Its
          Commissioner.
4.        The Mayor, Municipal Corporation Udaipur.
5.        The Urban Improvement Trust Udaipur, Through Its
          Secretary.
                                                                    ----Respondents


For Petitioner(s)            :     Ms. Kamini Chouhan
                                   Ms. Anjana Jawa
For Respondent(s)            :     Dr. Sachin Acharya, Sr. Adv. with
                                   Mr. Samyak Dalal
                                   Mr. Vijay Purohit
                                   Mr. Anurag Shukla
                                   Mr. Manvendra Singh
                                   Mr. Pradeep Singh
                                   Ms. Mehali Mehta for
                                   Mr. Sajjan Singh Rathore, AAG
                                   Mr. Rakesh



          HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA

Order

23/03/2026

Heard learned counsel for the parties.

2. The present public interest litigation has been filed with the

following prayers :-

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[2026:RJ-JD:13583-DB] (2 of 4) [CW-8407/2023]

"a. By an appropriate writ, order or direction, entire record with regard to catchment area of Fateh Sagar Lake, Upla Talab and other, Girwa - Badgaon, Teshil and District be called for proper adjudication of the present case.

b. By an appropriate writ, order or direction, the respondents may kindly be directed to remove the encroachment, illegal activities in the catchment area of Fateh Sagar Lake, Upla pond and others.

c. By an appropriate writ order or direction, the respondents may kindly be directed to ensure that no garbage will be put in Fateh Sagar Lake and catchment area of Upla Talab.

d. By an appropriate writ order or direction, the respondents be further directed to ensure cleanliness of drinking water of Fateh Sagar Lake.

e. By an appropriate writ order of direction, it may be ordered that if any nature of land in the catchment area of Fateh sagar lake and Upla Talab has been changed, the same may be declared illegal and arbitrary and the same also kindly be quashed.

f. Any other appropriate order or direction which this Hon'ble Court deems just and proper may kindly be passed in favour of the petitioners. g. Writ petition filed by the petitioner may kindly be allowed with costs."

3. Essentially, a close reading of prayers shows that the water

bodies/lakes of the city of Udaipur are being encroached upon and

therefore, a prayer has been made against the official respondents

to take appropriate action for preservation and conservation of the

water bodies against the encroachers.

4. The learned counsel for the respondents submit that the

State Authorities/functionaries are duty bound to preserve and

conserve the water bodies and lakes of the Udaipur city and

therefore, they had taken all the requisite steps against the

encroachers who are polluting or encroaching the lakes in Udaipur.

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[2026:RJ-JD:13583-DB] (3 of 4) [CW-8407/2023]

5. Learned counsel for the State assures this Court that all

possible measures will be taken in future also for the conservation

and preservation of the lakes.

6. Learned counsel submits that remedial measures include the

issuance of notices and proceeding against those persons who are

encroaching the water bodies in Udaipur. He therefore, submits

that they may be permitted to take the corrective steps in

accordance with law against the erring persons who are violating

the provisions of the law and encroaching upon the lakes/water

bodies in Udaipur.

7. Learned counsel for the petitioner submits that the State

functionaries may be directed to act strictly against those persons

for conservation and preservation of the water bodies in Udaipur.

8. In view of the submissions made before this Court, the

present writ petition is disposed of, with a direction to the

respondents to take all the remedial measures to preserve the

sanctity of the water bodies and the lakes in the city of Udaipur.

9. Needless to say, the proceedings undertaken by the State

functionaries shall be continued and monitored without any fail in

accordance with law.

10. It is further directed that if any person has encroached upon

the lakes or water bodies in Udaipur, the same shall be removed

forthwith after following due process of law.

11. In view of the disposal of the present writ petition, the

application filed by the applicant under Order 1 Rule 10 CPC is not

pressed at this stage and the same is hereby dismissed as not

pressed.

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[2026:RJ-JD:13583-DB] (4 of 4) [CW-8407/2023]

12. Needless to say that the State Authorities shall take all the

care to remove the encroachments and to maintain the precincts

of the water bodies in the entire city of Udaipur.

(CHANDRA SHEKHAR SHARMA),J (VINIT KUMAR MATHUR),J 25-chandani, T.Singh/-

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