Writ petition challenging encroachments dismissed as infructuous since alleged encroachments were removed. Substantive civil rights over the land left for determination by appropriate Civil Court.
Writ application dismissed as having become infructuous as encroachments were removed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Civil Writ Petition No. 872/2021
Shiv Prasad Sharma, S/o Lt. Shri Bhura Mal Sharma, Aged About 64 Years, R/o Ward No.10, Joshi Mohalla, Near Shri Raghunath Ji Temple Village And Post- Nayan, Tehsil- Shahpura, District -Jaipur, Rajasthan- 303601.
----Petitioner
Versus
----Respondents
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SATISH KUMAR SHARMA
Order
(2 of 2)
[CW-872/2021]
18/03/2021
Heard learned counsel for the petitioner.
It is submitted by Ms. Gauri Meena on behalf of Mr. Sanjay Jain that the alleged encroachments for which the present writ application has been filed have already been removed.
Accordingly, the writ application is dismissed as having become infructuous.
Ms. Anita Aggarwal appearing on behalf of respondent No.5 submits that the respondent had a substantial civil rights over the said land.
It shall be open to the respondent to establish the same before the appropriate Civil Court, if so advised.
All pending applications stand disposed of.
(SATISH KUMAR SHARMA),J
(INDRAJIT MAHANTY),CJ
NAVAL KISHOR/Rajat-85
Shiv Prasad Sharma
State of Rajasthan
District Collector, District Jaipur
Superintendent of Police, Jaipur Rural
Sub-Divisional Officer, Tehsil Shahpura
Mr. Manmohan Sharma
Satish Kumar Sharma
Indrajit Mahanty
As recorded by the court registry
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