Disposed

Anil Sharma S/O Shri Nathulal Sharma v. the State of Rajasthan

Rajasthan HC16 Jul 2024CW/7175/2023

Case brief

AI extract

What is this about?

Writ petition seeking directions on alleged public way encroachment disposed of by directing petitioners to file a complaint with the Municipal Board for immediate spot inspection within 30 days before adjudicating merits.

What did the court decide?

Allowed petitioners to submit a complaint to the Municipal Board, directing the Board to conduct a spot inspection within 30 days.

Anil Sharma S/O Shri Nathulal Sharma Vs the… — Municipal and Town Planning | Rajasthan HC (2024)

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[2024:RJ-JP:29727-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition No. 7175/2023

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Anil Sharma S/o Shri Nathulal Sharma, Aged About 54 Years, R/o Ramlya Mulya Ka Bas, Ward No. 21, Bandikui Jagir (Rural) Dausa, Rajasthan

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Omprakash Jaiman S/o Bhagwan Sahai Jaman, Aged About 50 Years, R/o Ward No. 21, Baswa Road, Gopal Bagichi, Bandikui Jagir Rural, District Dausa, Rajasthan.

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----Petitioners

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Versus

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The State Of Rajasthan, Through Principal Secretary, Revenue Department, Govt. Of Rajasthan, Govt. Secretariat, Jaipur.

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The District Collector Dausa Cum Chairman, Public Land Protection Cell (Plpc)

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The Municipal Board, Bandikui Through Its Executive Officer.

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Satyendra Kumar Katta S/o Late Shri Radheyshyam Katta, R/o Ward No. 37, Bandikui Tehsil Baswa, District Dausa.

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Sunil Kumar Katta S/o Late Shri Radheyshyam Katta, R/o Ward No. 37, Bandikui Tehsil Baswa, District Dausa.

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----Respondents

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For Petitioner(s) : Mr. Lokesh Kumar Sharma For Respondent(s) :

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HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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16/07/2024

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In the matter of allegation of encroachment over public way, PIL has been filed seeking issuance of appropriate direction.

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[CW-7175/2023]

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[2024:RJ-JP:29727-DB]

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(2 of 2)

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We are of the view that this petition need not be kept pending, at this stage, as the complaint with regard to encroachment is required to be examined at the first instance by the Municipal Board. Therefore, without commenting upon merits, we allow the petitioners to submit a complaint/representation before the Municipal Board, Bandikui regarding encroachment on public way.

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If such a complaint/representation is submitted, Municipal Board, Bandikui, which is competent, shall do well to examine and get spot inspection made within a period of 30 days from the date of receipt of representation.

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Depending upon the result of spot inspection and inquiry, if it is found that any encroachment has been made on public way, the persons who are alleged to have encroached, may be proceeded against by giving them proper notices and passing orders.

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Accordingly, this petition stands disposed of.

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(ASHUTOSH KUMAR),J

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(MANINDRA MOHAN SHRIVASTAVA),CJ

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RAJAT/RAHUL/32

Anil Sharma S/O Shri Nathulal Sharma v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Anil Sharma S/O Shri Nathulal Sharma v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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