Court directs Chief Executive Officer, Zila Parishad, Pali to examine encroachment allegations and decide after personal hearing by 26.05.2015.
Direction to CEO, Zila Parishad, Pali to examine encroachment and decide after personal hearing by 26.05.2015.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.
D.B.CIVIL WRIT PETITION (PIL) NO.1817/2015 (PHOOL SINGH & ORS. V/S STATE OF RAJ. & ORS.) ***
DATE OF ORDER
26.02.2015
HON'BLE MR. GOVIND MATHUR,J HON'BLE MISS JAISHREE THAKUR ,J
Mr.Raj Singh Chahar for Mr. Sajjan Singh for petitioners. Mr.Rajesh Panwar, AAG for the State.
Issue notice. Under the instructions of the court, Mr.Rajesh Panwar, learned Additional Advocate General accepts the same.
By this petition for writ, a direction is sought to remove the encroachment made by respondent No.5 Smt. Sushila Devi, Ward Panch, Gram Panchayat Dudni over a piece of land measuiring 180 x 120 feet in Khasra No.221 of village Mori. As per learned counsel for the petitioners, the Gram Panchayat in its meeting dated 05.08.2007 decided to remove the encroachment and to take over possession of the land by putting a board about its ownership thereon. It is stated that despite decision of the Gram Panchayat, no effective steps have yet been taken to remove the encroachment and the respondent No.5 is now proceeding to raise construction on the land in dispute.
Having considered all facts of the case, we deem it appropriate to dispose of this petition for writ by directing the Chief Executive
2
Officer, Zila Parishad, Pali to examine the entire issue and if any encroachment is made then to take appropriate steps to remove the same. While deciding the matter, the Chief Executive Officer, shall provide an opportunity of personal hearing to the petitioners as well as the respondent No.5. The Chief Executive Officer, Zila Parishad, Pali is required to decide the issue referred on or before 26.05.2015.
The writ petition stands disposed of accordingly.
[JAISHREE THAKUR], J. [GOVIND MATHUR], J.
Anil Singh
PHOOL SINGH & ORS.
STATE OF RAJ. & ORS.
GOVIND MATHUR
JAISHREE THAKUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
