Petitioner sought removal of encroachment from public roads. High Court held that petitioner approached the court prematurely without filing representation before the competent authority. Petition dismissed with liberty to approach the authority.
Liberty granted to approach competent authority by filing representation.
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[2024:RJ-JP:1382]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 12364/2021
Harpal Singh S/o Shri Jagdish Prasad, Aged About 33 Years, R/o Dhani Gumansingh, Tehsil Neemkathana, District Sikar (Rajasthan)
----Petitioner
Versus
----Respondents
For Petitioner(s) : None For Respondent(s) :
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
09/01/2024
[2024:RJ-JP:1382]
[CW-12364/2021]
(2 of 2)
from ‘Gair Mumkin Rasta’ and ‘Gair Mumkin Sadark’ situated at town Neemkathana, District Sikar bearing Khasra No. 2652 and 2681.
(ANOOP KUMAR DHAND),J
Ashu/Diskha/96
2 issues framed by the court
Whether the High Court can pass directions for removal of encroachment without petitioner approaching the administrative authority first
Whether a writ petition should be decided on merits when the petitioner has approached the court without first approaching the competent authority.
Harpal Singh
State of Rajasthan
Tehsildar, Neemkathana
Executive Officer, Nagar Palika, Neemkathana
Shankar Lal Saini
Shrawan Saini
Anoop Kumar Dhand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
