The petitioner challenged the direction to demolish part of his house encroaching on a public road. The court held that since the petitioner admittedly encroached upon the public road, the direction to remove the unauthorized construction was not illegal.
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[2023/RJJP/004676]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 781/2023
Dhara Singh S/o Hariprasad Yogi, Aged About 42 Years, R/o Village Chhan Jeevli, Tehsil Vajirpur, District Sawai Madhopur (Raj.)
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. Pankaj Sharma, Adv. on behalf of |
|---|---|
| Mr. Ravindra Paliwal,Adv. | |
| For Respondent(s) | : |
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
22/03/2023
This writ petition has been filed by the petitioner with the following prayers:-
“It is, therefore, respectfully prayed that your Lordships may pleased to accept and allow the Writ Petition and by an appropriate writ, order or direction:i) Quashed and set aside the illegal action of the respondents by which the state
[2023/RJJP/004676]
[CW-781/2023]
(2 of 2)
respondents have orally directed the petitioner to remove construction upto 10 ft. From public road failing which, the residential house of the petitioner will be demolished by them by showing it an encroachment.
ii) The respondents may kindly be directed to not to dispossess the petitioner from his residential house without following the due process of law.
Iii) The respondents may further be directed to not to demolish/remove the construction of the petitioner without providing opportunity of hearing to the petitioner.
iv) The state respondents may kindly be directed to first make demarcation of the land and ascertain whether the residential house of the petitioner is situated on the land allotted by Gram Panchayat Jeevli or on any government land and if it is found that same is situated on any government land then due process of law should be followed by the state respondents.
v) Any other order or direction which this Hon’ble Court deems just and proper may also be passed in the facts and circumstances of the case.”
Admittedly, the petitioner has encroached upon the public road, therefore, in my considered view, no illegality has been committed by the respondents in directing the petitioner for removal of unauthorised construction from the public road.
Hence, this writ petition stands dismissed.
(INDERJEET SINGH),J
Jyoti/67
1 issue framed by the court
Whether the direction to remove unauthorized construction from the public road constitutes illegal action by the respondents.
Dhara Singh
State Of Rajasthan
INDERJEET SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
