The petitioner sought a writ to remove illegal encroachment from government land. The court held that such questions are factual and require remedies under revenue laws, thus dismissing the writ petition.
The writ petition for removal of encroachment was dismissed on the ground that it is a question of fact requiring revenue law remedies.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writs No. 18836/2017
Kishan Gopal Son Of Shri Ram Narayn, By Caste Ahir , Resident Of Village Kureda, Tehsil Piplu, District Tonk.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Virendra Yadav For Respondent(s) : Mr. Dharmendra Pareek
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
20/08/2018
The writ petition has been preferred with following prayer:
“(a) Issue an appropriate writ, order or direction in the nature thereof, issue notice to the respondents and directed to remove the illegal possession, encroachment from the Government land bearing Khasra No. 1000 rakba 15 bigha situated at village Kureda, Tehsil Piplu, District Tonk and further may kindly be directed to respondents that take the appropriate action against the encroachers. (b) Any other appropriate order or direction which may be deemed just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioners.”
[CW-18836/2017]
(2 of 2)
Question regarding encroachment on Government land or illegal possession is pure question of fact which cannot be examined in writ jurisdiction. The remedy available under the revenues law is always there with the petitioner.
The writ petition is accordingly dismissed.
(SANJEEV PRAKASH SHARMA),J
Anu/26
1 issue framed by the court
Whether a dispute regarding encroachment on Government land can be examined in writ jurisdiction.
Kishan Gopal
The District Collector, Tonk
The Sub Divisional Officer, Piplu
Tehsildar, Piplu
Smt. Kiskanda
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
