Writ petition regarding alleged encroachment for road construction was disposed of on merits. Court found no grievance existed based on respondents' clarification and site plan.
Writ petition disposed with liberty to make representation to the Chief Executive Officer, Zila Parishad.
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SBCWP No.5977/08.
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR.
O R D E R
S.B. CIVIL WRIT PETITION NO.5977/2008.
Mangiya & Ors.
Vs.
State of Rajasthan & Ors.
Date of Order:- May 3, 2011.
HON'BLE MR.JUSTICE MOHAMMAD RAFIQ
None present for the petitioners. Shri Jinesh Jain, Government Counsel.
BY THE COURT:-
Petitioners have filed this writ petition in the year 2008 with the grievance that respondent No.4 is constructing kaccha public way from the land of the petitioners bearing Khasra Nos.89/2, 89/7, 88, 151, 84, 153 and 16 situated at revenue village Dangariaya, Patwar Halka Nanpur, Tehsil Sapotara, District Karauli without adhering the provisions of law.
In reply to the writ petition, the State has replied that they are only constructing the gravel road / kaccha road on the existing public way in Khasra Nos.100 and 152 other than the khasra numbers mentioned by the petitioners. No public road is being constructed in the land of khasra numbers, numbers of which have been
SBCWP No.5977/08.
2
mentioned by the petitioners in the writ petition. The site plan showing Khasra Nos.100 and 152 of Jamabandi of Samwat 2062 to 2065 has been produced to show that gravel road was being constructed under the permission of the Chief Executive Officer, Zila Parishad, Karauli dated 14/2/2008 from Meena Basti Dabur to Barwasin Devi.
In the light of the stand taken by the respondents, no grievance of the petitioners now remains. In case, however, if still petitioners feel aggrieved by construction of the road or for any other purpose, they would be free to make a representation to the Chief Executive Officer, Zila Parishad, Karauli.
With that liberty, the writ petition is disposed of. A copy of this order be endorsed to the petitioners for their information.
(MOHAMMAD RAFIQ), J.
anil
Mangiya
State of Rajasthan
Mohammad Rafiq
As recorded by the court registry
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