In this public interest litigation filed regarding encroachments on parks and public roads, the High Court overruled the office objection. The petition, which prayed for removal of encroachments and punishment of responsible persons, was disposed of by relegating the petitioner to first issue a demand for justice notice to the authorities.
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[CW-13527/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Civil Writ Petition No. 13527/2021
Mr. Mahendra Singh S/o Shri Tulachh Singh Naruka, Aged About 36 Years, B/c Rajput, R/o Gaffur Bhatta, Kachi Basti, Jaisalmer Tehsil And District Jaisalmer.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Rajesh Choudhary For Respondent(s) : -
HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE FARJAND ALI
Order
04/04/2022
The office objection is overruled.
The petitioner has approached this Court through this writ petition in the nature of Public Interest Litigation with the following prayers:-
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[CW-13527/2021]
Non-Petitioners and after taking the pattas on the parks the same may also be declared illegal.
It is claimed that before approaching this Court, the petitioner forwarded a notice for demand of justice dated 28.06.2021 to the various authorities through his lawyer (Annexure-7 with the writ petition). However, no response has been received to such notice.
In view of the facts available on the record, we hereby relegate the petitioner to pursue the said notice. He shall submit a fresh copy of the notice for demand of justice to the District Collector, Jaisalmer alongwith a copy of this order whereupon, the grievances raised by the petitioner in the said notice shall be objectively considered and a reasoned order shall be passed thereupon within a period of three months from the date of submission thereof. In case, any grievance of the petitioner still survives, he shall be at liberty to avail proper remedy for redressal thereof.
With the above observation, the instant writ petition is disposed of.
(FARJAND ALI),J
(SANDEEP MEHTA),J
8-/Tikam/-
1 issue framed by the court
Whether the petitioner must be relegated to pursue a demand for justice notice before approaching this Court for PIL relief regarding encroachments?
Mr. Mahendra Singh
State Of Rajasthan
District Collector, Jaisalmer
Nagar Parishad, Jaisalmer
Chief Town Planner, Rajasthan
Senior Town Planner, Jodhpur Zone
SANDEEP MEHTA
FARJAND ALI
As recorded by the court registry
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