This D.B. civil writ petition in public interest alleged encroachment on a school playground. The court found encroachment largely removed with eviction issued, holding the petition's purpose served and thus disposed of it, noting remedies remain open for respondents.
Writ petition disposed of as purpose served; no further order required.
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.
[2023:RJ-JD:22472-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Civil Writ Petition No. 4401/2023
Karoona Rajpurohit W/o Prakash Singh, Aged About 24 Years, B/c Rajpurohit, R/o Village Pawa, Tehsil Sumerpur, District Pali. At present Sarpanch, Gram Panchayat Pawa, Panchayat Samiti Sumerpur, District Pali. Mobile No.9772447552 Fax is not available and Email ID Is [email protected].
----Petitioner
Versus
All the respondent Nos.5 to 9 are R/o Village Pawa, Tehsil Sumerpur, District Pali (Rajasthan).
----Respondents
| For Petitioner | : Mr. |
Dinesh Kumar Ojha |
|---|---|---|
| Mr. | Devendra Mehlana | |
| For Respondent Nos.1 to 4 | : Mr. |
R.D. Bhadu |
| For Respondent No.5 | : Mr. |
Pushkar Taimini |
| For Respondent Nos.7 & 9 | : Mr. |
Om Singh Chouhan |
| For Respondent No.8 | : Mr. |
U.S. Gehlot |
(2 of 3)
[2023:RJ-JD:22472-DB]
[CW-4401/2023]
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT
Order
20/07/2023
Mr. R.D. Bhadu puts in appearance on behalf of respondent Nos.1 to 4, Mr. Pushkar Taimini puts in appearance on behalf of respondent No.5, Mr. Om Singh Chouhan puts in appearance on behalf of respondent Nos.7 and 9 and Mr. G.S. Gehlot puts in appearance on behalf of respondent No.8.
This writ petition has been filed by the petitioner in the public interest alleging that the private respondent Nos.5 to 9 have encroached over the land, which is reserved for the play ground of the school, situated at Revenue Village Pawa, Tehsil Sumerpur, District Pali.
Learned counsel Mr. R.D. Bhadu appearing for respondent Nos.1 to 4 has submitted a moka report, wherein it is mentioned that the encroachments over the play ground of the school has already been removed except one pakka construction. It is submitted that the order of eviction has already been issued to the respondent No.5, who raised the pakka construction, and 15 days’ time has been granted to him to vacate the same.
At this stage, learned counsel Mr. Pushkar Taimini appearing for the respondent No.5 has submitted that the respondent No.5 is contemplating to challenge the order passed by the authorities for dispossessing him from the pakka construction.
Be that as it may, since the encroachment over the play ground of the school has already been removed except one pakka
(3 of 3)
[2023:RJ-JD:22472-DB]
[CW-4401/2023]
construction and for which the order of eviction has also been issued, we are of the opinion that the purpose of filing the present writ in public interest has already been served.
Hence, no further order is required to be passed in this writ petition and the same is hereby disposed of.
However, it is open for the private respondent Nos.5 to 9 to avail appropriate remedy available to them under the law.
(YOGENDRA KUMAR PUROHIT),J
(VIJAY BISHNOI),J
Abhishek Kumar S.No.23
2 issues framed by the court
Whether the writ petition filed in public interest regarding encroachment on school playground warrants any further order when encroachment was already removed.
What is the court's order in this writ petition concerning encroachment removal?
Karoona Rajpurohit W/o Prakash Singh
The State of Rajasthan
District Collector, Pali
Sub Divisional Officer, Sumerpur
Tehsildar Sumerpur
Moola Ram S/o Khima Ram Meena
VIJAY BISHNOI
YOGENDRA KUMAR PUROHIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
