VIJAY SINGH Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2013-3-57
HIGH COURT OF RAJASTHAN
Decided on March 21,2013

VIJAY SINGH Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

AMITAVA ROY,CJ - (1.)THE instant proceeding in the form of public interest litigation is for an appropriate writ, order or direction to the respondents to remove the encroachments from the land claimed to be allotted to a local Government School and situated at khasra no.178, village Bojhala Tehsil Bhadra District Hanumangarh. An appropriate restraint order to prevent the private respondents from raising pacca construction on the land involved in future has also been sought for.
(2.)WE have heard Mr.R.S.Choudhary, learned counsel for the petitioners and Mr.Sandeep Bhandawat, Mr.Moti Singh and Mr.GR Bhari, learned counsel for the respondents. The petition discloses that the petitioners are permanent residents of village Bojhala. According to them, the respondents no.7 to 13 had encroached upon the land in question allotted to the Government Secondary School, Bojhala Tehsil Bhadra District Hanumangarh and that inspite of the repeated representations being made before the concerned public authorities, no action had been taken to remove the encroachments.
In course of the arguments, the learned counsel for the private respondents have drawn our attention to an appeal filed by the petitioner no.1 and 3 alongwith others against the respondents no.7, 11 & 12 and others before the Development Officer, Panchayat Samiti Bhadra seeking cancellation of the patta(s) granted to them (respondents) in respect of the same land. According to them (petitioners), the patta(s) could not have been granted to the respondents by the jurisdictional Panchayat Samiti. Attention of this Court has also been drawn to the order dated 15.11.2011 passed by the Administration and Establishment Standing Committee, Panchayat Samiti, Bhadra, whereby the patta (s) granted prior to the year 1971 had been affirmed and those issued thereafter had been declared to be invalidated. According to the learned counsel for the private respondents, the revision petition against this determination is presently pending before the learned A.D.M., Nohar and thus, the instant writ petition in the form of PIL is not maintainable in law.

(3.)WHEN confronted with this, the learned counsel for the petitioners has submitted that as the jurisdictional Panchayat Samiti had no competence in law to grant patta (s), no right whatsoever in the private respondents vis-a-vis land involved has been conferred thereby and thus, interference of this Court in the instant proceeding to espouse the public cause is permissible.


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